United States v. Brenda Faye Burke

JOHNSON, Circuit Judge:

The present case requires us to decide whether the search of the apartment of defendant-appellee Brenda Burke was conducted in violation of her rights under the Fourth Amendment.

On July 13, 1984, FBI Agent John Benesh executed an affidavit in support of two search warrants. The affidavit was based on information from a confidential informant who had given reliable information on several occasions in the past. Included in the affidavit was the statement that an envelope containing stolen payroll checks could be found in the apartment of “Brenda,” last name unknown, a…