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August 16. 2013 2:57PM

Court: Trooper used bogus electric bill comparison to justify pot search

After hearing the parties' arguments, the district court held that the suppression of the search of the target residence was warranted under Franks v. Delaware, 438 U.S. 154 (1978), because the affiant made a material omission from the search warrant affidavit in reckless disregard for the truth. Specifically, the court found that the affiant recklessly omitted from his affidavit the fact that the comparator house at 34 South Road was one-third the size of the target house. The district court found this omission to be material because, in its view, if the information about 34 South Road had been included in the affidavit, that affidavit would have failed to establish probable cause for a search.

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