United States v. Page

Good Law
12 F.3d 1110·1993 WL 497214
United States Court of Appeals for the Ninth CircuitNovember 29, 199393-30144California1,066 words

Opinion

Opinion

12 F.3d 1110 Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dana B. PAGE, Defendant-Appellant. No. 93-30144. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Nov. 29, 1993. Before: SCHROEDER, D.W. NELSON and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Dana B. Page appeals his conviction, which followed his conditional guilty plea to manufacturing marijuana in violation of 21 U.S.C. Sec. 841 (a)(1). Page argues that the district court erred by denying his motion to suppress evidence seized from his home pursuant to an invalid warrant. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 1 3 A search warrant must be supported by an affidavit establishing probable cause under the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 238 (1983). The warrant is void if it is based upon an affidavit containing a false statement or deliberate or reckless omission necessary to the…

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