United States v. Gater

The Eighth Circuit affirmed the district court's denial of defendant's request for a Franks hearing after he was convicted of possession with intent to distribute cocaine base and sentenced to 146 months in prison. The court held that the district court did not err by finding that no evidence supported defendant's contention that the officer intended to omit facts to make the affidavit to the warrant misleading, or that he did so in reckless disregard of making the affidavit misleading. The court also held that disclosing explicitly that the source had a history of drug use and that police paid the source for information would not have prevented the issuing judge from finding probable cause to search defendant's house. View "United States v. Gater" on Justia Law