United States v. Davis

U.S. Court of Appeals for the Fifth Circuit

United States v. Davis

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50441 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERT SCOTT DAVIS,

Defendant-Appellant.

________________________________________________________________

Appeal from the United States District Court for the Western District of Texas USDC No. W-01-CR-93-1 ________________________________________________________________ December 30, 2002

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Convicted for possession with intent to distribute

methamphetamine, Robert Scott Davis challenges the denial of his

motion to suppress evidence seized pursuant to a search warrant.

For such review, we determine: (1) whether the good-faith exception

to the exclusionary rule applies; and (2) if not, whether probable

cause supported the warrant. E.g., United States v. Cherna,

184 F.3d 403, 407

(5th Cir. 1999).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Davis contends the good-faith exception does not apply because

the affidavit on which the search warrant was based was a “bare

bones” affidavit. This affidavit was based on the personal

observations of a confidential informant, who had previously

provided reliable, credible information to law enforcement

officials. The informant stated: he had observed Davis in

possession of methamphetamine within the past month; he had

previously observed Davis using methamphetamine; and he had smelled

what he believed to be anhydrous ammonia (a chemical used in the

manufacture of methamphetamine) on the subject premises within the

past 72 hours.

We conclude that the officers relied in good faith on the

warrant. See United States v. Satterwhite,

980 F.2d 317, 320-21

(5th Cir. 1992); United States v. McKnight,

953 F.2d 898, 905

(5th

Cir. 1992).

AFFIRMED

2

Reference

Status
Unpublished