Takahashi

United States v. Takahashi

Good Law
267 F. App'x 674
United States Court of Appeals for the Ninth CircuitFebruary 22, 2008No. 07-10055California431 words

Opinion

lead Opinion

MEMORANDUM **

The facts of this case are known to the parties and need not be repeated here. Following a conditional guilty plea, Greg Yoshihara Takahashi appeals the district court’s denial of his motion to suppress evidence seized at his apartment during a search authorized by a warrant. He argues that the affidavit underlying the warrant was inadequate to establish probable cause as to him and his apartment. He further argues that the Leon good faith exception should not apply because the magistrate judge wholly abandoned her judicial role and the affidavit was so lacking in indicia of probable cause as to render official belief in its existence unreasonable. See United States v. Leon, 468 U.S. 897, 923 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). We reject both arguments.

Although only a small portion of the lengthy affidavit concerned Takahashi’s residence, and although some of the information pertaining to Takahashi was irrelevant to the probable cause determination, the affidavit provided a substantial basis for the magistrate judge to conclude that there was “a fair probability that contraband or evidence of a crime w[ould] be found in” Takahashi’s apartment. Illinois v.…

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