United States v. Larry L. Koerth A/K/A Lonnie Younger

How courts have described this case

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

• holding that there was no evidence of judicial abandonment because there was no evidence that the judge failed to read the affidavit before signing the warrant
• holding that the search warrant at issue was invalid, although the affidavit stated that the informant was “at [Koerth’s] house on Thursday, Aug[ust] 29, 2000, and witnessed a large amount of marijuana.”
• concluding that the judge “complied with the requirement of acting as a neutral and detached magistrate” because there was no evidence that the judge had failed to read or review the affidavit before signing the warrant
• concluding that affidavit submitted in support of search- warrant application failed to furnish probable cause notwithstanding facts that informant’s identity was known, he was in police custody, and he made a statement against penal interest
• recognizing that good-faith exception does not apply if “courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that were indistinguishable from those presented in the case at hand”
• holding that officers did not act unreasonably in relying on search warrant

Source: CourtListener parenthetical corpus (CC0).