Nash

United States v. Nash

Good Law
252 F. App'x 855
United States Court of Appeals for the Ninth CircuitNovember 1, 2007No. 07-30009California463 words

Opinion

Lead Opinion

MEMORANDUM *

Ronnie Dale Nash appeals the district court’s denial of his motion to suppress evidence obtained during a search of his home conducted pursuant to a search warrant. He argues that the affidavit submitted in support of the application for the search warrant did not provide sufficient *856 evidence to establish a nexus between the evidence sought and his home. He also argues that the evidence was too stale to provide probable cause. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The test of probable cause is “ ‘fair probability,’ not certainty or even a preponderance of the evidence.” United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir.2006). We determine whether “[biased on the totality of the circumstances,” the issuing magistrate “made a ‘practical, common-sense decision’ that there was a ‘fair probability’ ” that the evidence of crime sought would be found in the place searched. See id. at 1066 (quoting Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)). Nash’s online claim to have had sex with two different boys well under the age of consent, and his offer to exchange photographs, sufficed in the circumstances.…

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