Ozar

MEMORANDUM **

The United States appeals the district court’s order suppressing the evidence *161 seized pursuant to search warrants issued by a California state court to search a pharmacy operated by the defendant-appellee, Richard Ozar. Ozar is charged with multiple violations of federal controlled substance laws for knowingly filling unlawful prescriptions. The district court suppressed all of the evidence as inadmissable against Ozar, ruling that there was no probable cause to search the pharmacy for evidence of crimes committed by Ozar.

The district court erred to the extent that it ruled that probable cause was lacking. To find probable cause, “the magistrate need only conclude that criminal activity is probably shown; a prima facie demonstration is not required.” United States v. Fried, 576 F.2d 787, 791 (9th Cir.1978). Only a “fair probability” is required. Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). The 119-page affidavit, with attachments, demonstrated that the defendant filled exceptionally large prescriptions for controlled substances to numerous patients of one doctor. While this alone would not necessarily establish Ozar committed…