Baker

United States v. Baker

Good Law
281 F. App'x 705
United States Court of Appeals for the Ninth CircuitJune 4, 2008No. 07-10134California386 words

Opinion

Lead Opinion

MEMORANDUM *

Beckham Baker pled guilty to two separate indictments charging him with receiv *706 ing and possessing child pornography. Having reserved his rights to challenge the district court’s denial of his two motions to suppress, he argues on appeal that the search warrants executed against him were not supported by probable cause. As the parties are familiar with the underlying facts, they will not be repeated here.

Baker argues that the first search warrant was defective under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). Though admittedly false statements were included in the supporting affidavit, the evidence of record does not give rise to a “definite and firm conviction that the district court made a mistake in finding that the affidavit did not intentionally or recklessly misstate [facts].” United States v. Elliott, 322 F.3d 710, 715 (9th Cir.2003) (internal quotation marks omitted). In any event, we are persuaded that the search warrant was adequately supported by probable cause even without considering the false statements. United States v. Martinez-Garcia, 397 F.3d 1205, 1215 (9th Cir.2005); see also United States v. Gourde, 440 F.3d…

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