United States v. Allen Brown

OPINION OF THE COURT

SMITH, Circuit Judge.

Defendant Allen Brown stands indicted on charges of bank robbery, 18 U.S.C. § 2113(a), and armed bank robbery, 18 U.S.C. § 2113(d). The District Court granted Brown’s motion to suppress a sample of his DNA, on the ground that it had been obtained by way of a materially and recklessly false warrant affidavit, in violation of the Fourth Amendment as interpreted by Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). The United States appeals. We have jurisdiction, 18 U.S.C. § 3731, and will affirm.

I

On the morning of October 1, 2007,…