United States v. Jerad Kynaston

MEMORANDUM

Reviewing de novo, we hold that the Leon good faith exception to the exclusionary rule applies. United States v. Crews, 502 F.3d 1130, 1135-36 (9th Cir.2007); see also United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). Reasonably well-trained officers, relying upon the Spokane County District Judge’s authorization, would not have known that the search was illegal. United States v. Clark, 31 F.3d 831, 835 (9th Cir.1994).

The affidavit was not so lacking in indi-cia of probable cause that official belief in probable cause was objectively unreasonable. At the time the affidavit was prepared and the search warrant was executed, Wash. Rev.Code Section 69.51A.020 provided that “[njothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of cannabis for nonmedical purposes.” Wash. Rev.Code Section 69.50.401(1) prohibited the manufacture of marijuana and the possession of marijuana with intent to manufacture or deliver. Thus, the manufacture of marijuana for non-medical purposes was still a crime under Washington law. Nothing in the record indicates that officers…