Unpublished Disposition, 874 F.2d 817 (9th Cir. 1989)

MEMORANDUM^** 

Ronald C. Dede ("Dede" or "appellant") appeals from the district court's denial of his motion to suppress evidence seized in a drug search conducted with a search warrant. We affirm.

Contrary to the arguments advanced by Dede, the search warrant's supporting affidavit contained facts which indicated a fair probability that drugs could be found at the residence in question. See United States v. Rabe, 848 F.2d 994, 997 (CA9 1988). First, the issuing judge could and did properly rely on the police investigator's expert conclusion that drugs could be found at the house. See United States v. Fannin, 817 F.2d 1379, 1382 (CA9 1987). Second, much of the information in the affidavit was independently corroborated, and the fact that the statements made by the informant were against her penal interests provided some indicia of reliability. See United States v. Angulo-Lopez, 791 F.2d 1394, 1397 (CA9 1986). The fact that some of the information given was two years old would not, in and of itself, preclude a finding of probable cause. See Rabe, 848 F.2d at 997. In short, the totality of the circumstances indicates that the issuing judge acted properly. See Angulo-Lopez, 791 F.2d at 1396 (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)).

Even if we were to agree with the appellant that the warrant was not supported by probable cause, we would have to disagree with his argument that the good faith exception would not apply. Dede's contention that the warrant was defective because based on uncorroborated tips is neither supported by the facts nor a sufficient basis for overturning an otherwise facially valid warrant. See United States v. Leon, 468 U.S. 897, 923 (1984). The totality of the circumstances shows that the investigating officer could have objectively relied on the warrant in good faith.

AFFIRMED.