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Clear-Error Standard of Review Applies to a District Court?s Determination of Recklessness Under Franks

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Brown, No. 09-3643, the Third Circuit affirmed the District Court?s opinion granting the defendant?s motion to suppress a sample of his DNA pursuant to Franks v. Delaware, 438 U.S. 154 (1978).Two men wearing masks from the movie ?Scream? robbed a bank in Western Pennsylvania at gunpoint and fled to a nearby school district building, where they stole a school district van. Police found the van abandoned by the road only a half-mile from the school district building. A ?Scream? mask with DNA material was later found in the van. Witnesses reported seeing a silver Volkswagen Jetta driving in the area that morning. The Jetta was described as having white license plates; one witness specifically stated that the Jetta had Maryland plates...continue to full post

Full post as published by Third Circuit Blog on February 01, 2011 (boomark / email).