Legal Opinion

State v. Goldberg

Supreme Court of Vermont

Decided March 25, 2005No. 03-550 and 03-573PublishedCited by 15 opinions

1Opinion of the CourtAllen, C.J.

¶ 1. (Ret.), Specially Assigned. Defendants Tad Goldberg and William Anderson were convicted separately of cultivating and possessing marijuana in violation of 18 V.S.A. § 4230(a)(2), (4) after a police search uncovered a growing operation in their home. They now take this consolidated appeal, contending: (1) that the district court erred in admitting evidence seized during the search because the authorizing warrant issued without probable cause; and (2) that the district court erred in failing to conduct a hearing on the warrant’s merits pursuant to Franks v. Delaware, 438 U.S. 154 (1978).…

2Cases cited15 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. State v. MorrisSupreme Court of Vermont · 1996

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3Cited by15 opinions

  1. State of Tennessee v. Jerry Lewis TuttleTennessee Supreme Court · 2017
  2. State v. SennaSupreme Court of Vermont · 2013
  3. State v. ArringtonSupreme Court of Vermont · 2010
  4. May v. Atlantic City HiltonDistrict Court, D. New Jersey · 2000
  5. State v. RobinsonSupreme Court of Vermont · 2009

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