context: Affording proper deference to the issuing magistrate judge's determination, we conclude the search warrant affidavit asserted sufficient facts to establish probable cause that evidence of criminal activity would be found in defendant's residence. Given the evidence in the affidavit that (1) the defendant's property and residence bordered the marijuana patch, (2) the defendant was identified as the individual in the field cultivating and caring for the patch, and (3) the final harvesting of the field had been completed immediately pri- or to the search warrant application, the issuing magistrate judge reasonably could have inferred that the defendant had recently harvested a large quantity of marijuana plants and that the most likely place to store these plants and the implements used in the harvesting would be at his residence adjacent to the patch.
citation_a.signal: see
citation_a.identifier: 798 F.2d 380, 382
citation_a.parenthetical: "It is reasonable to assume that certain types of evidence would be kept at a defendant's residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence."
citation_a.sentence: See United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (“It is reasonable to assume that certain types of evidence would be kept at a defendant’s residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence.”); see also Rowland, 145 F.3d at 1205 (holding that issuing judge “may draw reasonable inferences from the material presented in the warrant application.”).
citation_b.signal: see also
citation_b.identifier: 145 F.3d 1205, 1205
citation_b.parenthetical: holding that issuing judge "may draw reasonable inferences from the material presented in the warrant application."
citation_b.sentence: See United States v. Reyes, 798 F.2d 380, 382 (10th Cir.1986) (“It is reasonable to assume that certain types of evidence would be kept at a defendant’s residence and an affidavit need not contain personal observations that a defendant did keep such evidence at his residence.”); see also Rowland, 145 F.3d at 1205 (holding that issuing judge “may draw reasonable inferences from the material presented in the warrant application.”).