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· 4/30/2001

United States v. Huey Whitley

Citations

  • 249 F.3d 614
  • 2001 U.S. App. LEXIS 7907
  • 2001 WL 460633

How courts have described this case

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

  • noting Franks inquiry properly includes the evaluation of the state of mind of government actors from whom affiant receives information
  • applying the subjective standard for recklessness to omissions from an affidavit
  • to prove reckless disregard for truth, defendant must establish that affiant “in fact entertained serious doubts as to the truth of his allegations”
  • “The Fourth Amendment requires the trial court to conduct an evidentiary hearing upon a defendant’s preliminary showing that: (1) the warrant affidavit contained false information; (2
  • “[T]he standard require[s] more than mere negligence on the part of the affiant.”
  • recounting the extensive testimony bearing on defendant’s Franks motion

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Flaum, Posner

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.