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UNITED STATES v. BROADHURST

No. 85-1206.

805 F.2d 849 (1986)

UNITED STATES of America, Plaintiff/Appellant, v. W.N. Daniel BROADHURST, Gregory Dorland, Joseph Arthur Broadhurst, Steven Strong Townsend, Jr., Deborah Dorland, and Beverly Elizabeth Broadhurst, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted June 11, 1986.

Decided December 2, 1986.

Attorney(s) appearing for the Case

Douglas G. Hendericks, Asst. U.S. Atty., Sacramento, Cal., for plaintiff/appellant.

Denise Anton, Serra, Perelson, Anton & Lichter, James Larson, San Francisco, Cal., for defendants/appellees.

Before BROWNING, TANG, and BEEZER, Circuit Judges.

TANG, Circuit Judge:

The United States appeals from the district court's order suppressing evidence of marijuana cultivation obtained as a result of aerial surveillance of a greenhouse, 612 F.Supp. 777. Based on observations made from public navigable airspace during three separate overflights, law enforcement officials obtained a state search warrant. The warrant was executed, resulting in the seizure of approximately five hundred...

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