NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 12-30278
Plaintiff - Appellee, D.C. No. 2:11 cr-6017 RMP
v.
MEMORANDUM*
JORGE ARMANDO RIOS-LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, Chief District Judge, Presiding
Submitted October 8, 2013**
Seattle, Washington
Before: TASHIMA, GRABER, and MURGUIA, Circuit Judges.
Defendant Jorge Armando Rios-Lopez appeals the district court’s denial of
his motion to suppress evidence obtained from the search of a residence and from
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2)(C).
the GPS-tracking of his cellular telephone. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
1. The magistrate judge’s probable cause determination that it was
reasonable to seek evidence and contraband in the residence was not clearly
erroneous. See United States v. Gourde, 440 F.3d 1065, 1069 (9th Cir. 2006) (en
banc); United States v. Alvarez, 358 F.3d 1194, 1203 (9th Cir. 2004). Several
indicia of reliability supported the informant’s hearsay testimony cited in Detective
Stohel’s affidavit. See United States v. Rowland, 464 F.3d 899, 907-08 (9th Cir.
2006); United States v. Angulo-Lopez, 791 F.2d 1394, 1397 (9th Cir. 1986). The
affidavit also tied Defendant to the residence and to narcotics sales there. See
United States v. Fernandez, 388 F.3d 1199, 1254 (9th Cir. 2004). Because the
magistrate judge had a substantial basis for concluding that probable cause existed,
the district court properly denied Defendant’s suppression motion. See Illinois v.
Gates, 462 U.S. 213, 238–39 (1983).
2. Even assuming, without deciding, that the officers’ GPS-tracking of
Defendant’s cellular telephone constituted a search, and that the warrant
authorizing this search issued without probable cause, the good-faith exception to
the exclusionary rule still applies. Agent Stanley’s affidavit established a
“colorable argument” for probable cause, and the officers’ reliance on the warrant
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was objectively reasonable. United States v. Crews, 502 F.3d 1130, 1136 (9th Cir.
2007). Suppression is therefore inappropriate. See United States v. Leon, 468 U.S.
897, 922 (1984).
AFFIRMED.
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