United States v. Hawkins ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50360
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVIE LAMAR HAWKINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-00-CR-112-ALL
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December 27, 2002
Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Stevie Lamar Hawkins appeals his bench-trial conviction for
possession with intent to distribute crack cocaine. He
challenges the denial of his motion to suppress evidence seized
pursuant to a search warrant.
In reviewing the denial of a motion to suppress evidence
obtained pursuant to a search warrant, we determine: (1) whether
the good-faith exception to the exclusionary rule applies; and
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-50360
-2-
(2) if not, whether probable cause supported the warrant. United
States v. Cherna, 184 F.3d 403, 407 (5th Cir. 1999).
Hawkins contends that the good-faith exception does not
apply because the affidavit on which the search warrant was based
was merely a “bare bones” affidavit. Specifically, he argues
that the affidavit did not establish the reliability of the
informant, that it was vague and conclusional, and that it
contained insufficient corroboration of the informant’s
allegations.
The affidavit was based on the personal observations of a
concerned citizen and the investigating officer. Moreover, the
information provided by the citizen was sufficiently detailed and
was corroborated by the investigating officer’s personal
observations and by information learned from another law
enforcement officer. United States v. Satterwhite, 980 F.2d 317,
320 (5th Cir. 1992); United States v. Fields, 72 F.3d 1200, 1214
(5th Cir. 1996). Given the foregoing, the judgment of the
district court is AFFIRMED.