Under what circumstances will a court refuse to admit evidence seized pursuant to a warrant based on materially false and misleading information?
MultiRegion, United States of America
The following excerpt is from U.S. v. Levasseur, 816 F.2d 37 (2nd Cir. 1987):
Under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), a district court may not admit evidence seized pursuant to a warrant if the warrant was based on materially false and misleading information. As the district court correctly observed, materially misleading omissions as well as misrepresentations may be challenged by the defense. See e.g., United States v. Ferguson, 758 F.2d 843, 848 (2d Cir.), cert. denied, --- U.S. ----, 106 S.Ct. 124, 88 L.Ed.2d 102 (1985).
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