United States v. Steven H. Elliott

The United States appeals from the district court’s order suppressing evidence discovered during a search of Elliott’s apartment. The district court found that the warrant authorizing the search was not supported by probable cause. We have jurisdiction pursuant to 18 U.S.C. § 3731 . We reverse.

I

On May 4, 1988, Diane Wilson contacted the Ketchikan Police Department and re ported that Elliott was in possession of marijuana and cocaine. Later that day the prosecutor applied for a search warrant in a hearing before a state judge. At this hearing Wilson testified in person and under oath. She stated that she had been living with Elliott until that day, and that she had seen marijuana and cocaine in his apartment. She testified that there was about one-quarter ounce of cocaine presently in the apartment, that she had witnessed Elliott using cocaine several times in the past, that she had seen a small amount of marijuana that day in the apartment, and that during the previous week she had seen Elliott with a “garbage bag full of marijuana” which he said he was attempting to “get rid of.” She also stated that Elliott was growing marijuana using a “grow light” in “the back room, behind…