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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]