Parkey v. Sample

Dist. Ct. did not err in granting defendant-police officer’s motion for summary judgment in section 1983 action alleging that defendant violated plaintiff’s 4th Amendment rights by searching plaintiff’s home and seizing marijuana plants without probable cause. While plaintiff argued that defendant misled magistrate into issuing search warrant by misstating plaintiff’s criminal history in warrant application, other information contained in warrant application established probable cause to search plaintiff’s home where: (1) plaintiff received tip from DEA that plaintiff had received shipments of marijuana cultivation products; and (2) defendant reported that he found remnants of marijuana cigarettes in plaintiff’s trash in proximity to mail addressed to plaintiff.