Hamilton

United States v. Hamilton

Good Law
202 F. App'x 167
United States Court of Appeals for the Ninth CircuitSeptember 15, 2006No. 05-50924California545 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald Hamilton appeals from the judgment of conviction following his conditional guilty plea to violation of 21 U.S.C. § 841 (a)(1), possession with intent to distribute in excess of five kilograms of cocaine. He contends that the district court erred in finding that probable cause existed for the search of his car’s trunk, which yielded cocaine. Therefore, he argues that the district court erred in denying his motion to suppress that evidence. A district court’s determination of probable cause presents mixed questions of law and fact and is reviewed, de novo. United States v. Ortiz-Hernandez, 427 F.3d 567, 573 (9th Cir.2005). Because we agree that, under the totality of the circumstances, probable cause existed to support the warrantless search of the car, we affirm.

Hamilton’s conduct preceding his arrest bore substantial similarities to that of known cocaine buyers at the house where he was observed. As with other suspects apprehended during the multi-agency investigation of that house, wiretaps revealed that Hamilton’s arrival was preceded by phone calls requesting delivery of cocaine to the house for buyers. Additionally, Hamilton was observed making efforts…

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