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E.D.Ky.: Affidavit for grow operation showed PC for nearby house as well

By John Wesley Hall, Jr.

Affidavit for SW for an outdoor grow operation gave PC to search the house by inference. United States v. Hays, 2009 U.S. Dist. LEXIS 64977 (E.D. Ky. June 24, 2009): The affidavit places at least fifty marijuana plants on the property itself, with most of those plants appearing in "close proximity" to the residential shed and a vehicle registered to Defendant. While the affidavit (unhelpfully) does not quantify the precise meaning of "near" or "close proximity," the affidavit inferentially depicts an integrated tract with landscaping and mowing that extends to the residence. Further, the reference to "close proximity" and triangular points including the garden, the truck, and the residential shed itself fairly place the garden marijuana in the immediate area of the alleged home...continue to full post

Full post as published by Fourth Amendment on August 01, 2009 (boomark / email).