Cannon

ORDER

I.

FACTS

DEA Special Agent Michael Collette drafted an affidavit and a search warrant seeking authorization to search 1250 Hemlock Street in the city of Chico, California, after obtaining incriminating evidence from a cooperating witness concerning the owner of the property. to the warrant the place to be searched is “further described as a double story, single family dwelling, sand wooden structure with brown trim and dark gray composite style roof; further identified by the three inch black numbers ’1250’ affixed to the house, facing Hemlock Street.”

The search warrant authorized the seizure of property to be found in Attachment B of the search warrant which included, inter alia:

At the time of the application for the search warrant, SA Collette knew that there were two structures within the fence that surrounded 1250 Hemlock Street, but failed to so inform the magistrate judge. At the time he prepared the warrant and affidavit, Collette reasonably assumed that the second structure was a garage. In any event, Collette failed to specify the accessory building as a place to be searched.

The accessory building, while physically connected to the main residence by a…