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U.S. v. KYLLO

No. 96-30333.

140 F.3d 1249 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Lee KYLLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.

Attorney(s) appearing for the Case

Kenneth Lerner, Portland, Oregon, for defendant-appellant.

Kristine Olson, United States Attorney, District of Oregon; Robert R. Thomson, Assistant United States Attorney, Medford, Oregon, for plaintiff-appellee.

David K. Allen, American Civil Liberties Union of Oregon, Inc., Portland, Oregon, for amicus.

Before: NOONAN and HAWKINS, Circuit Judges, and MERHIGE, District Judge.

Opinion by Judge MERHIGE; Dissent by Judge HAWKINS.

MERHIGE, District Judge:

Based on the readings from a thermal imager, the observation of unusually high power usage at Defendant-Appellant Danny Lee Kyllo's home, information provided by an informant, and other circumstantial evidence, federal law enforcement officers obtained a warrant to search the premises of Danny Lee Kyllo ("Kyllo"). The officers executed the warrant and discovered an indoor marijuana...

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