Wall

United States v. Wall

Good Law
277 F. App'x 704
United States Court of Appeals for the Ninth CircuitMay 6, 2008No. 07-10352California1,319 words

Opinion

Lead Opinion

MEMORANDUM *

Ryan Jason Wall appeals the district court’s denial of his motion to suppress. Wall moved to suppress methamphetamine found in a DHL parcel which had been intercepted by the Guam Drug Enforcement Agency, on the ground that the affidavit supporting the application for the search warrant was not supported by probable cause. The district court denied the motion, and Wall entered a conditional plea of guilty to conspiracy to distribute methamphetamine and attempted possession of methamphetamine with intent to distribute.

We hold that the information in the affidavit is insufficient to support a finding of probable cause and thus reverse. However, we remand for the district court’s consideration in the first instance of whether the seizure was authorized under 5 Guam Code Ann. § 73102 (2) or under the good faith exception to the warrant requirement. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

Probable cause exists when “given all the circumstances set forth in the affidavit ... there is a fan 1 probability that contraband or evidence of a crime will be found in a particular place.” Illinois v.…

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