· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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