Legal Opinion

United States v. Benitez Moody

Court of Appeals for the Fourth Circuit

Decided July 29, 2019No. 18-4213PublishedCited by 27 opinions

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

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. United States v. VentrescaSupreme Court of the United States · 1965
  5. United States v. HarrisSupreme Court of the United States · 1971

13 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. United States v. Craig PulleyCourt of Appeals for the Fourth Circuit · 2021
  2. United States v. Richard HaasCourt of Appeals for the Fourth Circuit · 2021
  3. United States v. Kacey HicksCourt of Appeals for the Fourth Circuit · 2023
  4. United States v. Randy BanksCourt of Appeals for the Fourth Circuit · 2024
  5. Angelo Jackson v. Michael CarinCourt of Appeals for the Fourth Circuit · 2025

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API