United States v. Abdul-Ali

06-60166Court of Appeals for the Fifth CircuitMar 9, 2007

Full text

*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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United States Court of Appeals
Fifth Circuit
F I L E D
March 9, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 06-60166
_______________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NASIR ABDUL-ALI also known as, Donald Ray Reed,
Defendant-Appellant.
__________________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
(USDC No. 4:05-CR-45)
__________________________________________________________
Before REAVLEY, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Nasir Abdul-Ali appeals the district court’s denial of his motion to suppress evidence
discovered pursuant to a search warrant. We affirm.
The parties and the district court, under our decision in United States v. Pigrum, 922

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F.2d 249, 252 (5th Cir. 1991), focus on whether the officers relied in good faith upon the
search warrant, rather than addressing whether probable cause supported the warrant. This
is a unique situation in which the easier question is whether probable cause supported the
warrant; we hold that it did. Officer Jones, the search warrant affiant, followed Abdul-Ali
from the house at 100 February Street, witnessed the controlled sale, and followed Abdul-Ali
back to the general location of the house. These facts supply probable cause to believe that
Abdul-Ali stashed drugs in the house.
AFFIRMED.

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