Knepper

MEMORANDUM **

Joshua Knepper was convicted of being a felon in possession of a firearm, possession of methamphetamine with intent to distribute, and possession of marijuana. He filed four motions to suppress contraband found in his backpack on grounds of illegal arrest, illegal search, illegal seizure, and defective search warrant. Since the *984 facts and procedural history are known to the parties, they are repeated herein only as necessary.

I

First, Knepper argues that police lacked probable cause to arrest him for first-degree criminal trespass under Haw. Rev.Stat. § 708-813(l)(a) because his presence in the cottage where the backpack was found was lawful, and he had an innocent explanation for shutting and locking the front door as police approached and breaking and crawling out of a back window. However, the police were not required to prove beyond a reasonable doubt that Knepper had been lawfully evicted, Hart v. Parks, 450 F.3d 1059, 1067 (9th Cir.2006), or to “rule out all possibility of innocent behavior,” United States v. Holland, 510 F.2d 453, 455 (9th Cir.1975). Based on the facts and circumstances known to the police at the time of arrest, including his former…