What is the test for a search warrant to search a marijuana grow operation under warrant affidavit?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rogers, 42 F.3d 1404 (9th Cir. 1994):

In addition, the magistrate could also rely on substantial evidence in the affidavit that Rogers had multiple convictions for drug dealing and that he had an arrest warrant currently outstanding for another marijuana grow operation. United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir.1986). Considering the totality of the circumstances set forth in the warrant affidavit, United States v. Moreno, 758 F.2d 425, 427 (9th Cir.1985), and weighing the evidence presented in a common sense and realistic manner, Gates, 462 U.S. at 236, it appears that the district court made a reasonable determination that probable cause existed to issue a warrant in this case.

Moreover, because direct evidence linking criminal objects to a particular site is not required for the issuance of a search warrant, United States v. Poland, 659 F.2d 884, 897 (9th Cir.), cert. denied, 454 U.S. 1059 (1981), and a magistrate need only determine that a fair probability exists of finding evidence of criminal activity, United States v. Seybold, 726 F.2d 502, 504 (9th Cir.1984), we conclude that the district court was correct in finding that the magistrate had an adequate basis for issuing the search warrant. The district court's refusal to suppress the evidence from the search was not error.

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