DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031655P.pdf 04/02/2004 United States v. Michael K. Gerard
U.S. Court of Appeals Case No: 03-1655
District of Nebraska
Criminal Case - suppression. Police officer who, without a warrant,
climbed a ladder and attempted to look inside a garage located next to a
farmhouse did not conduct an illegal search. The district court did not
clearly err in finding the garage was not within the farmstead's curtilage.
The affidavit stated sufficient facts making it likely that evidence of a
crime would be found in the garage and thus there was probable cause
supporting the search warrant. The conviction of possession of
marijuana with intent manufacture and distribute is affirmed.
[PUBLISHED] [Smith, Author]