United States v. Gifford, No. 12-2186 (1st Cir. 2013)
Annotate this CaseA New Hampshire court issued a warrant to search Defendant's home after a state trooper submitted a supporting affidavit detailing the trooper's suspicion that Defendant's home contained a marijuana grow operation. Based on the items seized from Defendant's home, Defendant was charged with manufacturing marijuana, possessing marijuana with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. Defendant moved to suppress the evidence, arguing that the search warrant lacked probable cause. The district court suppressed the evidence, finding that the trooper recklessly omitted from his affidavit information material to a probable cause determination. The First Circuit Court of Appeals affirmed, holding that the search warrant at issue contained reckless material omissions, and the omitted information, when included back into the affidavit, failed to establish probable cause.
The court issued a subsequent related opinion or order on September 11, 2013.
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