Opinion
No. 09-50646.
Argued and Submitted August 2, 2010.
Filed August 13, 2010.
Amber D. Garza, Esquire, Assistant U.S., Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
Elizabeth Newman, Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Christina A. Snyder, District Judge, Presiding. D.C. No. 2:08-cr-01292-CAS-1.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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.