In United States v. Spears, (March 8, 2012) the 7th Circuit Court of Appeals found that even though there were misrepresentation in the affidavit presented to the magistrate judge, by the police, there was still sufficient evidence to support a finding of probable cause.
On August 1, 2008 an Indiana police officer acting as a federal agent submitted an affidavit in support of a search warrant for the home of Defendant Spears. The affidavit stated that a confidential informant had been in the basement of Defendant’s home and had observed multiple rooms with marijuana plants, a water system, growing lights, fertilizer, and PVC piping from the basement to outside the house.
The affidavit also stated that on July 31, 2008 officers conducted a trash pull and found a marijuana stem in the trash. The affidavit further stated that the electric company reported higher than normal electrical usage for Defendant’s home compared to similar homes. The magistrate judge granted the search warrant and the warrant was executed on August 6, 2008.