U.S. v. Gregory

In prosecution on drug and firearm charges arising out of defendants’ participation in extensive cannabis grow operation located in basements of their homes, Dist. Ct. did not err in denying defendants’ motion to suppress evidence seized from their homes pursuant to search warrant, even though Dist. Ct. conducted Franks hearing to resolve defendants’ claim that police submitted false evidence to support finding of probable cause. Probable cause existed to support issuance of search warrant where: (1) anonymous tipster who turned out to be brother of one defendant informed police of his personal knowledge of existence of cannabis grow operation in defendants’ homes; (2) police verified that defendants were using large amounts of electricity; (3) police confirmed that defendants had prior convictions for cannabis possession; and (4) police corroborated tipster’s claim that defendants owned guns. Moreover, while affidavit supporting issuance of warrant included false impression that photographs of cannabis were of recent origin, defendants failed to establish that police were aware that said photographs were not of recent origin, so as to support defendants’ claim during Franks hearing that police deliberately put forth false information that was necessary to obtain finding of probable cause.