Is a motion to suppress evidence seized pursuant to execution of a search warrant valid?

MultiRegion, United States of America

The following excerpt is from U.S. v. Perkins, 842 F.2d 1295 (9th Cir. 1988):

Perkins contends that the district court should have granted his motion to suppress the evidence seized pursuant to execution of a search warrant. Perkins argues that the warrant was not supported by probable cause. However, the affidavit in support of the warrant stated that trash removed from the property to be searched contained methamphetamine and that extensive nocturnal activity and an odor consistent with methamphetamine production were observed on the property. This evidence is more than sufficient to establish probable cause under the totality of the circumstances test of Illinois v. Gates, 462 U.S. 213, 238 (1983); see United States v. Espinosa, 827 F.2d 604, 610 (9th Cir.1987).

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