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Criminal Law

: Tenth Circuit Blog

No Suppression Despite Recklessly Made Factual Mistakes in Affidavit

By Shari Allison

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US v. Garcia-Zambrano, No. 07-1261, 7/3/08 - Suppression of evidence for Delaware v. Franks violations reversed. While district court did not clearly err in finding factual inaccuracies in search warrant affidavit and determining that they were recklessly made, the 10th's de novo review of the legal sufficiency of what remained after the false statements were excised led it to conclude that the affidavit established probable cause.

Full post as published by Tenth Circuit Blog on July 10, 2008 (boomark / email).

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