Akana

MEMORANDUM **

*682 David Lang Akana appeals the district court’s denial of his motion to suppress and its denial of his motion to sever.

Because the parties are familiar with the factual and procedural history of this case, we do not recount it in detail here.

Appellant contends that the district court erroneously denied his motion to suppress the evidence seized on April 22, 2004, because the Hawaii County Police Department (“HCPD”) lacked probable cause to conduct the warrantless search of his vehicle. 1 The vehicle exception allows for a warrantless search of a vehicle if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity. Chambers v. Maroney, 399 U.S. 42, 50-52 , 90 S.Ct. 1975 , 26 L.Ed.2d 419 (1970). Probable cause exists when, under the totality of the circumstances, 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).

Under a valid search warrant, HCPD officers searched the residence of Michael Delos Santos, and found a tube containing methamphetamine on a grill next to where Santos was…