Kremer

MEMORANDUM **

1. The district court did not err in its treatment of the thermal imaging scan of Kremer’s barn. Subsequent to the district court’s decision, this court held that a thermal imaging scan does not constitute a search under the Fourth Amendment. See United States v. Kyllo, 190 F.3d 1041, 1047 (9th Cir.1999), cert, granted, 530 U.S. 1305 , 121 S.Ct. 29 , 147 L.Ed.2d 1052 (2000). In any event, the district court did not rely upon the thermal imaging scan as part of the quantum of evidence establishing probable cause to justify the warrant issued for the search of Kremer’s premises.

2. The district court did not err in finding that the search warrant was facially valid. Motions to suppress are reviewed de novo. United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000). The issuance of a search warrant is reviewed for clear error. Id. We review to determine whether the judge issuing the warrant had a substantial basis for concluding that the affidavit in support of the warrant established probable cause. Id. Here, the issuance of the warrant was supported by Detective Kimball’s sworn statement in the affidavit that he detected the odor of marijuana. See United States v.…