United States v. Benitez Moody
Court of Appeals for the Fourth Circuit
1Opinion of the Court
RICHARDSON, Circuit Judge:
After a jury convicted Benitez Auguarius Moody of federal drug and firearm offenses, he sought an evidentiary hearing to challenge a facially sufficient search warrant affidavit. Such hearings are called " Franks hearings," named for the Supreme Court's decision permitting them in Franks v. Delaware , 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). In his request, Moody argued that a police officer's trial testimony contradicted her search warrant affidavit that had led to evidence used at his trial. The district court, however, refused to hold a Franks…
2Cases cited18 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Franks v. DelawareSupreme Court of the United States · 1978
- Spinelli v. United StatesSupreme Court of the United States · 1969
- United States v. VentrescaSupreme Court of the United States · 1965
- United States v. HarrisSupreme Court of the United States · 1971
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