Kemfort

United States v. Kemfort

Good Law
225 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 19, 2007No. 06-10213California834 words

Opinion

Lead Opinion

MEMORANDUM **

Alfred William Kemfort appeals the district court’s denial of his motion to suppress evidence. He argues for suppression on three grounds: (1) that the search warrants were issued without probable cause; (2) that the state court failed to make an explicit probable cause determination; and (3) that the warrants did not adequately specify the items to be seized. We reject these arguments and affirm the district court.

1. A “practical, common-sense” reading of the affidavit presented to the issuing court indicates that the court “had a ‘substantial basis for ... concluding]’ that probable cause existed.” Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983) (alterations in original). The affidavit reports that a confidential informant made a controlled purchase of methamphetamine from Kemfort and that the same informant subsequently observed a large quantity of methamphetamine in Kemfort’s residence. Although the authorities did not actually witness the informant’s drug purchase, the affiant, Officer Perkett, took reasonable steps to monitor the purchase and ensure that the informant’s account of events was accurate. See, e.g., United States…

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