Jacinto-Sotelo

MEMORANDUM **

Miguel Jacinto-Sotelo, a federal prisoner, appeals from the district court’s denial of his motion to suppress evidence obtained from a search of his car. He argues that the police officers lacked probable cause to search his vehicle.

Police officers may conduct a warrant-less search of a vehicle if they have probable cause to believe the vehicle contains contraband. United States v. Pinela-Hernandez, 262 F.3d 974, 977-78 (9th Cir. 2001). For a police officer to have probable cause to conduct a search, there must be a “ ‘fair probability’ that contraband or evidence is located in a particular place.” United States v. Kelley, 482 F.3d 1047, 1050 (9th Cir.2007) (quoting Illinois v. Gates, 462 U.S. 213, 246 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)). The “fair probability” inquiry is a “ ‘commonsense, practical question’ ” that is based on the totality of the circumstances, including reasonable inferences. Id. (quoting United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir.2006) (en banc)).

Jacinto-Sotelo argues that the police officers did not have probable cause to search his car because their confidential informant was a first-time informant with no track record, and…