United States of America v. Maria Ferro

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIA FERRO,
Claimant - Appellant,
__________________________________
ROBERT FERRO,
Claimant,
and
1,679 FIREARMS; 87,983 ROUNDS OF
AMMUNITION; 3 AIRBURST
PROJECTILES; ASSORTED FUSES,
Defendants.
No. 10-56808
D.C. No. 2:06-cv-05014-PJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
FILED
JUN 11 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Patrick J. Walsh, Magistrate Judge, Presiding
Argued and Submitted February 17, 2012
Pasadena, California
Before: PREGERSON, HAWKINS, and BEA, Circuit Judges.
In this memorandum disposition, we address Maria Ferro’s contention that
the search that revealed the firearms at issue was unconstitutional. We affirm the
district court’s denial of her motion to suppress. In a concurrently filed published
opinion, we address her other claims.
Ferro moved to suppress the evidence on the grounds that the warrant
affidavit contained deliberately false statements which rendered it invalid under
Franks v. Delaware, 438 U.S. 154 (1978). On appeal, Ferro contends that five
specific statements in the Radovic affidavit were false and that, without these
statements, the police lacked probable cause for a search. Her argument fails for a
simple reason: even excluding all of the statements to which she objects, the
affidavit still contained more than enough probable cause to obtain a warrant. It is
clear to us that, as the district court said, “any judge would issue a search warrant
in this case to go into Robert Ferro’s house and see if the same guy who is setting

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In his criminal proceeding for being an felon-in-possession, Robert Ferro1
also moved to suppress the same evidence, and the motion was denied by a
different judge than the one presiding in this case.
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up a hideaway place for [Frank] Beltran is also holding the gun and the clothes that
he used during the crime.”1
The denial of the motion to suppress is AFFIRMED.

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