U.S. v. VAN DAMME

Nos. 93-30325, 93-30338.

48 F.3d 461 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John Louis VAN DAMME, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1995.


Attorney(s) appearing for the Case

Terry Wallace, Wallace Law Office, Missoula, MT, for defendant-appellant.

Bernard F. Hubley, Asst. U.S. Atty., Helena, MT, for plaintiff-appellee.

Before POOLE, BRUNETTI, and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This search and seizure case involves a helicopter view of greenhouses, a view through a fence, and execution of a subsequently obtained search warrant without having the papers along.

I. Facts

Van Damme lived in a house in rural Montana. He grew marijuana, over two thousand plants, in three large greenhouses. The greenhouses, shaped like Quonset huts and made of translucent plastic, were separated from the rest of his property...

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