Thursday, July 10, 2008

No Suppression Despite Recklessly Made Factual Mistakes in Affidavit

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.