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· 6/27/2013

United States v. Sidney Brown

Citations

  • 732 F.3d 569
  • 2013 WL 5495674
  • 2013 U.S. App. LEXIS 13463

How courts have described this case

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

  • observing that an affiant’s admission that he “typed [the affidavit] up wrong”— to include an allegedly false statement about a person’s presence—“merely show[ed] that [the affiant] was negligent”
  • discussing testimony that firearm was loaded and therefore “ready to go” as a basis for sufficiency of evidence
  • “[W]e may only reverse a magistrate’s decision to grant a search warrant if the magistrate arbitrarily exercised his or her authority.”
  • “[O]ur precedent clearly establishes that the affiant need only specify that the confidential informant has given accurate information in the past to qualify as reliable.” (citation modified)
  • “[T]he gun’s location under the mattress in the bedroom consti tuted a strategic location: despite the bedroom’s second-floor location, ... the house was small enough so that someone on the first floor could retrieve the gun within ten to fifteen seconds.”
  • “Probable cause exists ‘when there is a “fair probability,” given the totality of the circumstances, that contraband or evidence of a crime will be found in a particular place.’” (quoting United States v. Greene, 250 F.3d 471, 479 (6th Cir. 2001))

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Guy, McKeague

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.