[DOWNLOAD] "United States V. Bennett" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Bennett
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 11, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Defendant Joe Harrison Bennett appeals the denial of his motion to suppress evidence that police officers seized when they executed a search warrant at his residence. The district court found, after conducting a hearing in accordance with the requirements of Franks v. Delaware, 438 U.S. 154, 57 L. Ed. 2d 667, 98 S. Ct. 2674 (1978), that material statements in the affidavit on which the warrant was based were not falsehoods that were made intentionally or with reckless disregard for the truth. We hold, however, that this finding by the district court was clearly erroneous. Moreover, because we find, as a matter of law, that the information that remains, after the false information is excised from the affidavit, does not support a finding of probable cause, we reverse and remand to the district court with instructions to grant Bennett's motion to suppress the evidence.

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