United States v. Michael Watson Cannon

The United States appeals the district court’s order granting Michael Watson Cannon’s motion to suppress evidence seized during the search of his property. Cannon is charged with conspiracy to manufacture, possess with intent to distribute, and distribution of marijuana (Count One), in violation of 21 U.S.C. §§ 846 and 841(a)(1); manufacturing of marijuana (Counts Four and Five), in violation of 21 U.S.C. § 841 (a)(1); possession of marijuana with intent to distribute (Counts Six and Seven), in violation of 21 U.S.C. § 841 (a)(1); use of a communication facility in furtherance of drug trafficking (Counts Thirteen and Fourteen), in violation of 21 U.S.C. § 843 (b); and criminal forfeiture (Count Twenty), in violation of 21 U.S.C. § 853 (a). The district court found that storage rooms connected to a guest house on Cannon’s property were not within the house or the curtilage covered by the warrant. We reverse.

Background

On January 11, 1999, DEA Special Agent Collette drafted an affidavit and a search warrant seeking authorization to search 1250 Hemlock Street in Chico, California, after obtaining incriminating evidence from a cooperating witness concerning the owner of the…