Burford

United States v. Burford

Good Law
289 F. App'x 201
United States Court of Appeals for the Ninth CircuitAugust 11, 2008No. 07-30277California267 words

Opinion

Lead Opinion

MEMORANDUM *

H.F. Burford Sr. ("Burford") appeals the district court's denial of his motion to suppress. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

"Before embarking on the exercise of determining whether the affidavit supported probable cause, we may proceed directly to the issue of whether there was good faith reliance" upon an objectively reasonable search warrant. United States v. Crews, 502 F.3d 1130, 1136 (9th Cir. 2007). "This ends the inquiry without having to belabor the issue of whether the affidavit stated probable cause." Id. Considering, as we must, the totality of the circumstances, there is at least a colorable argument that Officer Heieren's affidavit supported a finding of probable cause here. See United States v. Arvizu, 534 U.S. 266, 277 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002); Crews, 502 F.3d at 1136 . Burford did not establish a substantial showing of deliberate falsehood or of reckless disregard for the truth that would prohibit the application of the good faith exception under Franks v. Delaware, 438 U.S. 154 , 98 5.Ct. 2674, 57 L.Ed.2d 667 (1978). See United States v. Chavez-Miranda, 306 F.3d 973, 979 (9th Cir.2002). Consequently,…

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