[DOWNLOAD] "United States V. Campbell" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: United States V. Campbell
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 27, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The question presented in this case is whether deliberate false statements in an affidavit supporting an application for a search warrant compel the voiding of the warrant even if the false statements are unnecessary to a finding of probable cause. We believe the Supreme Court answered that question in the negative in Franks v. Delaware, 438 U.S. 154, 57 L. Ed. 2d 667, 98 S. Ct. 2674 (1978), and we conclude that this court's contrary decision in United States v. Luna, 525 F.2d 4 (6th Cir. 1975), cert. denied, 424 U.S. 965, 96 S. Ct. 1459, 47 l. Ed. 2d 732 (1976), has been effectively overruled. In the case at bar the district court set the falsehoods to one side and evaluated the sufficiency of the affidavit on the basis of what was left. That, we believe, was the correct procedure.

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