Zavala

United States v. Zavala

Good Law
238 F. App'x 207
United States Court of Appeals for the Ninth CircuitJune 5, 2007No. 06-30265California606 words

Opinion

Lead Opinion

MEMORANDUM *

Raul Zavala was convicted following a jury trial for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and using a communication facility to distribute methamphetamine in violation of 21 U.S.C. § 843 (b). He appeals the district court’s denial of his motion to suppress and his motion to set aside the verdict of the jury. He also challenges two evidentiary rulings made during trial and claims ineffective assistance of counsel. Because the parties are *209 familiar with the facts we do not recite them here.

Probable cause supports the arrest and search of Zavala because the agents had information provided by a confidential source, who had provided other reliable information the day before. See United States v. Bernard, 623 F.2d 551, 559 (9th Cir.1979) (Probable cause as distinguished from “mere suspicion” exists when “at the moment of arrest the facts and circumstances within the knowledge of the arresting officers ‘and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense.’ ”) (quoting Beck v. Ohio, 379 U.S. 89,…

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