United States v. Jacob Del Mundo Faagai, 2017 U.S. App. LEXIS 17287

From July–November 2012 law enforcement wiretapped and surveilled John Penitani, a suspected methamphetamine distributor; agents seized five pounds of meth from Penitani’s supplier in November 2012.
Jacob Del Mundo Faagai was introduced to Penitani by Julius Mitchell, a known associate; agents intercepted multiple calls/texts between Faagai and Penitani in late October–November 5, 2012, reflecting planned meetings.
On November 5 agents observed Faagai and Penitani together at a 7‑Eleven after exchanged messages referencing “food,” “tools,” and work; agents believed these to be drug‑deal code words based on agent testimony.
After Faagai left the 7‑Eleven, police pulled him over, requested consent to search (which he refused), detained him, and then searched his truck; they found drug paraphernalia and about 0.5 lb of methamphetamine in the vehicle.
Faagai moved to suppress the vehicle evidence; the district court denied the motion, concluding probable cause for a warrantless automobile search existed; Faagai pleaded guilty conditionally and appealed the suppression ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had probable cause to search Faagai’s truck under the automobile exception	Faagai: facts showed only association and suspicion, not objective evidence that drugs were in the truck at stop	Gov't: totality of circumstances (association with known dealer, coded messages, meeting location and conduct, lies and belligerence) gave fair probability contraband was in truck	Court: Affirmed — probable cause existed under totality of circumstances
Whether intercepted communications and agent opinion that words ("food","tools") were code supported probable cause	Faagai: such inferences were speculative without expert corroboration	Gov't: agent was qualified and testified; no objection to opinion, and context supported interpretation	Court: Gave weight to agent’s expert inferences and found them probative
Whether mere association with a suspected dealer suffices for probable cause	Faagai: mere association is insufficient absent objective corroboration	Gov't: association plus other corroborating facts (meetings, location changes, evasive behavior) supports probable cause	Court: Association plus corroborating facts was sufficient under Gates/totality test
Standard of review for probable cause determination	Faagai: challenges factual weight and legal conclusion	Gov't: asserts applying mixed question de novo review supports upholding search	Court: Applied mixed question standard and reviewed de novo, affirming district court

United States v. Ibarra, 345 F.3d 711 (9th Cir. 2003) (probable‑cause for warrantless automobile searches reviewed as mixed question)
Ornelas v. United States, 517 U.S. 690 (1996) (review standard for reasonable suspicion and probable cause; de novo review of legal questions)
United States v. Brooks, 610 F.3d 1186 (9th Cir. 2010) (automobile exception permits warrantless search if probable cause vehicle contains evidence)
United States v. Rodriguez, 869 F.2d 479 (9th Cir. 1989) (probable cause requires fair probability contraband will be found under totality of circumstances)
United States v. Rodgers, 656 F.3d 1023 (9th Cir. 2011) (probable‑cause findings must be supported by objective facts known to officers)
United States v. Johnson, 256 F.3d 895 (9th Cir. 2001) (evidence must indicate officers will find what they seek where they search)
United States v. Bailey, 607 F.2d 237 (9th Cir. 1979) (use of expert testimony to explain alleged code words)
United States v. Collins, 427 F.3d 688 (9th Cir. 2005) (mere association with criminals does not alone establish probable cause)
United States v. Cervantes, 703 F.3d 1135 (9th Cir. 2012) (officer suspicions unsupported by objective evidence are insufficient for probable cause)
United States v. Vasey, 834 F.2d 782 (9th Cir. 1987) (probable cause requires objective indicia, not mere hunch)