United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 8, 2004
Charles R. Fulbruge III
Clerk
No. 04-40150
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JERRY DECKARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
(9:02-CR-41-1)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Jerry Deckard appeals following his
conditional guilty plea to possession with intent to distribute
more than 500 grams of cocaine, in violation of 21 U.S.C. §
841(a)(1), and felon in possession of ammunition, in violation of
18 U.S.C. § 922(g)(1). Deckard argues that the district court
erroneously denied his motion to suppress evidence.
In reviewing the denial of a motion to suppress evidence
obtained pursuant to a search warrant, we determine: (1) whether
*
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this opinion should not be published and is not precedent except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.
the good-faith exception to the exclusionary rule applies; and (2)
if not, whether probable cause supported the warrant. United
States v. Cavazos, 288 F.3d 706, 709 (5th Cir. 2002). Deckard
argues that the good-faith exception does not apply because the
affidavit on which the search warrant was based was so lacking in
indicia of probable cause that no reasonable officer could rely on
the warrant in good faith.
The warrant affidavit indicated that the police had learned
from two confidential informants that Deckard was a substantial
cocaine supplier and that one of the informants had delivered
cocaine to Deckard's residence within the previous two years. The
affidavit also indicated that the police had been investigating
Deckard for six months, and stated that within hours before
applying for the warrant, the officers personally examined
abandoned trash placed at the curb of Deckard's residence and
discovered materials used in the packaging of narcotics. In
addition, a field test for cocaine residue proved positive, and the
police had discovered correspondence, bills, and a prescription
bottle in the names of Deckard and his girlfriend, thereby linking
the trash to Deckard. Deckard's challenge to the warrant affidavit
is without merit, and the district court did not err in denying the
suppression motion. See United States v. Satterwhite, 980 F.2d
317, 321 (5th Cir. 1992); United States v. Raborn, 872 F.2d 589,
596 (5th Cir. 1989); United States v. May, 819 F.2d 531, 536 (5th
Cir. 1987).
2
AFFIRMED.
3