Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Omissions from Warrant and Date Error Don't Require Suppression

By Jonathan Byrne

US v. Gary: Gary was convicted (of what the opinion doesn't say) based at least partly on information developed during a search of a home in Richmond, based on an anonymous tip. The tipster alleged that "Melvin" was selling heroin out of the home. A police officer investigated, rummaging through the trash in the alley behind the home, discovering items with heroin residue, packaging materials, and discarded mail indicating that the trash came from the target address. He applied for a search warrant, in which he failed to disclose that there were multiple trash cans in the alley, only one of which was marked as belonging to the target address, and indicated that the investigation took place a year before it actually did. The district court denied Gary's motion to suppress the evidence...continue to full post

Full post as published by Fourth Circuit Blog on June 17, 2008 (boomark / email).