U.S. v. DEPEW

No. 98-30196.

210 F.3d 1061 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Elzay DEPEW, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 24, 1999

Resubmitted February 4, 2000

Filed May 2, 2000


Attorney(s) appearing for the Case

Laurence J. Ginnings, Missoula, Montana, for the defendant-appellant.

Josh Van de Wetering, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

Before: PREGERSON and THOMPSON, Circuit Judges, and KELLEHER, District Judge.


PER CURIAM:

OVERVIEW

Upon receiving an anonymous tip, the government investigated Robert Elzay Depew, the defendant-appellant, for illegally growing marijuana in his home. As part of its investigation, the government used a thermal imager to determine whether Depew's home was emitting an unusual amount of heat. The government used the information gleaned from the thermal imager, as well as other information, to obtain a warrant to search Depew's home, where...

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