United States v. Patrick Joseph Greany
Opinion
Opinion
Farris, J.
The government appeals the district court’s grant of Patrick Greany’s motion to suppress evidence seized pursuant to a federal search warrant. We reverse.
JURISDICTION
The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction pursuant to 18 U.S.C. § 3731 .
STANDARD OF REVIEW
We review de novo the district court’s finding that the magistrate’s determination of probable cause was clearly erroneous. United States v. Castillo, 866 F.2d 1071, 1076 (9th Cir.1988).
FACTS
On March 20, 1990, federal drug enforcement agents found evidence of a defunct marijuana growing operation at the residence of Tom Carroll. Carroll admitted that he and Brad Mowreader had grown marijuana in Carroll’s attic three years earlier. At Carroll’s direction, agents drove with Carroll to two former grow locations that Carroll said Mowreader had shown him earlier and to Greany’s house. Carroll told the agents that, about one and one-half to two years previously, he and Brad Mow-reader had performed remodeling work at Greany’s residence to allow him to grow marijuana on the second floor. As reported in the affidavit, Carroll stated that during the remodeling, the three men…