United States v. Elliott

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO ' SUPPRESS

SPIEGEL, District Judge.

This matter is before the Court on the defendant, Ricky G. Elliott’s motion to suppress evidence (doc. 3), and the United States’ memorandum in opposition to that motion (doc. 4). As set forth in the following analysis, we conclude that the affidavit in support of the warrant provides no substantial basis for an inference of probable cause. Therefore, we conclude that the motion to suppress must be granted.

The factual portion of the affidavit in support of the warrant reads in its entirety as follows:

Due to…