Bosley
United States v. Bosley
Opinion
Lead Opinion
MEMORANDUM **
Anthony Bosley conditionally pled guilty to possession with intent to distribute cocaine. He reserved the right to appeal the district court’s denial of his motion to suppress evidence seized during the search of his residence as well as during the search of his person incident to his arrest. We affirm.
First, the magistrate judge did not clearly err in issuing a search warrant for Bosley’s home. As described in Officer McNall’s affidavit, Lyghts told the police informant that he was going to pick up the cocaine; he was then observed by the police entering and exiting Bosley’s home; when he returned to the informant he had *640 two ounces of cocaine; and he voluntarily told the police that Bosley lived at the home and was his drug source. Furthermore, Officer Pence knew that two cars parked in front of the home belonged to Bosley, and a check with the power company revealed that the subscribers at the address were “Tony and Cat Bockley.” This information was more than sufficient for the magistrate judge to conclude that there was a “fair probability” that a search of Bosley’s home would produce evidence of criminal activity. See United States v. Gourde, 440 F.3d…