Jury Instruction


Case 1:03-cv-01008-WDM-KLM
Document 192-2
Filed 02/10/2006
Page 1 of 4
Members of the jury, you should be aware of legal rulings I have previously
made in this case that affect the course of this trial. First, I have concluded as a matter
of law that defendants had probable cause to seek a warrant permitting them to search
plaintiff’ s property for marijuana plants. Second, I have concluded as a matter of law
that the search warrant that was issued to search plaintiff’ s property was
unconstitutional because it was overly broad and lacked the particularity required by
the Fourth Amendment of the United States Constitution.
As a result of these rulings, the issues of probable cause and the validity of the
search warrant itself are not before you, and you must not reconsider them.


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