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that this opinion should not be published and is not precedent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