In a civil forfeiture action seeking the proceeds of medical marijuana distribution, judgment for the government is reversed where the evidence relied upon by the district court was itself tainted by the illegal search and should have been suppressed, and without the suppressed evidence, the government lacked probable cause to connect the defendant currency to a violation of federal law.
Argued and Submitted March 12, 2009
Filed October 20, 2009
Opinion by Judge Clifton
Paul L. Gabbert, Santa Monica, CA
Christine C. Ewell, Steven R. Welk, P. Greg Parham, Assistant U.S. Attorneys, Los Angeles, CA