United States v. James Regis Whitner, Jr., A/K/A Jr

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. BACKGROUND

The United States appeals from an order of the district court entered January 10, 2000, suppressing evidence obtained from the residence of defendant, James Regis Whitner, Jr., during a search conducted pursuant to a search warrant. A United States magistrate judge issued the search warrant on August 26, 1999, on the basis of an affidavit of Drug Enforcement Task Force Officer Anthony Rivotti. In a pretrial hearing on January 10, 2000, the district court held that the search warrant was not supported by probable cause due to a lack of…