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Criminal Law

: Fourth Amendment

4th Cir. reverses on a Franks issue

By John Wesley Hall, Jr.

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The defendant succeeding in making his "substantial preliminary showing" under Franks that the officer omitted significant facts from the affidavit that undermined the probable cause because of an apparently illegal entry into the curtilage to gain the information that made it into the application for the search warrant. United States v. Tate, 2008 U.S. App. LEXIS 9697 (4th Cir. May 6, 2008): Tate's showing reduces to the claim that in order for Agent Manners to have investigated Tate's trash, which provided the essential basis for demonstrating probable cause, Agent Manners would have had to jump the fence which enclosed Tate's backyard, trespass on Tate's property, and search trash that was stored in a container that had not been abandoned for pickup...continue to full post

Full post as published by Fourth Amendment on May 07, 2008 (boomark / email).

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