Castillo

United States v. Castillo

Good Law
220 F. App'x 464
United States Court of Appeals for the Ninth CircuitJanuary 25, 2007No. 06-10189California783 words

Opinion

Lead Opinion

*465 MEMORANDUM *

Joel Buentipo Castillo appeals the district court’s denial of his motion to suppress evidence and his conviction following his guilty plea to two counts of violating 21 U.S.C. § 841 . Castillo contends that the district court erred in admitting evidence discovered during a search of his person because the warrant authorized only the search of his residence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We agree with the district court that the officers had probable cause to arrest Castillo prior to the discovery of the drugs in his pocket. 2 Because the testimony regarding the timing of the discovery of the scale is inconsistent, the district court’s decision not to rely on the scale in its probable cause determination is not erroneous. See United States v. McWeeney, 454 F.3d 1030, 1033 (9th Cir.2006) (reviewing the district court’s denial of a motion to suppress de novo and its factual findings underlying the denial of the motion for clear error).

“[E]ven in making a warrantless arrest an officer ‘may rely upon information received through an informant, rather than upon his direct observations, so long as the informant’s statement is…

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