United States v. Juan Hidalgo-Mendoza

FILED
NOT FOR PUBLICATION DEC 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA No. 13-30235
Plaintiff - Appellee, D.C. No. 3:13-cr-05029-RBL-1
v.
JUAN HIDALGO-MENDOZA MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted December 8, 2014**
Seattle, Washington
Before: HAWKINS, McKEOWN, and TALLMAN, Circuit Judges.
Juan Hidalgo-Mendoza (“Hidalgo”) challenges his conviction on four counts
of drug and gun-related charges, arguing that the search warrant enabling police to
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discover drugs hidden inside the walls of his former residence was not supported by
probable cause. We affirm.
The showing required to justify issuing a search warrant is “whether, given all
the circumstances set forth in the affidavit before [the magistrate judge], . . . there is
a fair probability that contraband or evidence of a crime will be found in a particular
place.” Illinois v. Gates, 462 U.S. 213, 238 (1983). A magistrate judge’s
“‘determination of probable cause should be paid great deference by reviewing
courts.’” Id. at 236 (quoting Spinelli v. United States, 393 U.S. 410, 419 (1969)).
Given the deferential standard of review and quantum of proof required, there
was no error in authorizing the search of Hidalgo’s former residence and allowing the
introduction of the discovered drugs into evidence. The murder of Hidalgo’s
roommate, the discovery of guns and narcotics in the immediate vicinity, and
Hidalgo’s admitted role in assisting with the distribution of narcotics all indicated that
the residence was being used in connection with a narcotics enterprise.
In the weeks after Hidalgo’s arrest, two separate sources told the police that a
significant quantity of additional narcotics remained hidden inside the walls of
Hidalgo’s former residence. A third source corroborated this information. While
some sources provided more direct information than others, and only some of the
sources had firsthand knowledge of the hidden narcotics, the totality of the
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circumstances presented to the magistrate judge indicated far more than a “fair
probability” that contraband would be found in Hidalgo’s former residence.
AFFIRMED.
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