United States Ninth Circuit

The district court's denial of a motion to suppress a shotgun seized during the execution of a search warrant is affirmed, where: 1) the officer's failure to disclose to the magistrate judge at the time of the warrant hearing drug related information that raises serious concerns about a witness's credibility is a serious breach of the duty the officer owed to the court; but 2) assuming without deciding, that two witness's eyewitness statements, standing alone, were not sufficient to support probable cause, there was corroboration that the crime being investigated had actually occurred, as well as some specific indication that the identification of the defendant from a photo lineup was sufficiently reliable.

Appellate Information

• Decided 07/11/2014
• Published 07/11/2014

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel