Castillias

United States v. Castillias

Good Law
189 F. App'x 603
United States Court of Appeals for the Ninth CircuitJune 30, 2006No. 05-10774California424 words

Opinion

Lead Opinion

MEMORANDUM *

Charles Castillias challenges his conviction under 18 U.S.C. § 922 (g)(3) arguing *604 that the search warrant executed in his case was defective for lack of probable cause as to the listed firearms and ammunition, and that his conviction involves an unconstitutional exercise of Congress’s Commerce Clause power. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts of the case, and we need not recount them here.

1. Motion to Suppress

Castillias argues that the search warrant at issue was deficient for lack of probable cause as to the listed firearms and ammunition because the supporting affidavit contained only facts supporting probable cause as to drug trafficking, and mere opinion as to the likely presence of firearms and ammunition. We disagree.

An issuing judge’s determination of probable cause is a “a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). Concerning the likely…

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