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· 3/29/2001

United States v. Eric B. Reinholz Margaret E. Chevalier

Citations

  • 245 F.3d 765
  • 2001 U.S. App. LEXIS 5046
  • 2001 WL 300560

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that drug paraphernalia and syringes with drug residue found in a single trash run, coupled with occupant’s prior drug conviction, was sufficient to establish probable cause for search warrant
  • explaining that a Franks violation requires proving a “false statement”
  • finding sufficient facts to support probable cause of finding illegal drugs in home when affidavit established that the trash outside the home contained methamphetamine residue and documents connecting the defendant to the home
  • brass pipe with cocaine residue and twenty syringes (four with methamphetamine residue) found in trash, coupled with occupant’s prior drug conviction, established probable cause for search warrant
  • “Officer Podany’s affidavit included false statements made with reckless disregard for the truth.”
  • “Summers does not apply to this case, however, because Reinholz was not on the premises being searched when he was detained,” but instead “was at work, at least a twenty-five minute drive from his residence”

Source: CourtListener parenthetical corpus (CC0).

Judges: McMillian, Bright, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.