Dellas

MEMORANDUM AND ORDER

Re: Motion to Suppress

On July 22, 2003, a grand jury indicted defendant Timothy Dellas for violations of the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq. The two-count indictment charged defendant with knowingly and intentionally manufacturing marijuana in violation of 21 U.S.C. § 841 (a)(1) and § 841(b)(l)(A)(vii) and with possession of marijuana with intent to distribute in violation of the same provisions of the CSA. Defendant now moves to suppress evidence obtained in the search of the property located at 3500 Elk Ridge Road in Humboldt County, California, asserting that this search violated his rights under the Fourth Amendment of the United States Constitution. On August 5, 2004, the court found that defendant had made the preliminary showing required to establish that he was entitled to an evidentiary hearing under Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), and the court heard testimony from a number of witnesses on October 14, 2004, November 5, 2004, and November 23, 2004. Having considered the parties’ arguments and the evidence presented at the Franks hearing, the court enters the following memorandum…