United States v. Gregory Keith Smith (85-5518), Eric Ross Helton (85-5519), Defendants

LIVELY, Chief Judge.

This is a search and seizure case in which the defendants contend that an affidavit for a search warrant was defective and that under the circumstances of this case a search warrant for defendant Helton’s “premises” did not authorize a search inside his residence. Both defendants entered conditional pleas of guilty to charges of possession of marijuana, reserving the right to appeal from the judgment for review of the district court’s denial of their motion to suppress evidence seized during the search of Helton’s residence. Rule 11(a)(2), Fed.R.Crim.P.

I

On August 21, 1984…