U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Charley Ellison

United States v. Charley Ellison
U.S. Court of Appeals for the Ninth Circuit · Decided August 13, 2010 · Kozinski, Reinhardt, Whyte
392 F. App'x 547

United States v. Charley Ellison

Opinion

MEMORANDUM **

Because an informant who gave accurate information in the past may be presumed trustworthy, even with the informant’s criminal history included, the affidavit would have supported a finding of probable cause. United States v. Angulo-Lopez, 791 F.2d 1394, 1396-97 (9th Cir. 1986). Thus, the district court- did not err in denying Ellison’s motion to suppress physical evidence and motion for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). See United States v. Reeves, 210 F.3d 1041, 1044-45 (9th Cir. 2000); United States v. Meling, 47 F.3d 1546, 1554-56 (9th Cir. 1995).

Ellison’s statement “should I have a lawyer,” even considered in light of his stated desire to avoid self-incrimination, was not an unequivocal request for counsel. See Davis v. United States, 512 U.S. 452, 461-62, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994); United States v. Younger, 398 F.3d 1179, 1186-88 (9th Cir. 2005). The district court did not err in.denying Ellison’s motion to suppress statements made after his arrest.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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