Legal Opinion

United States v. Tate

Court of Appeals for the Fourth Circuit

Decided May 6, 2008No. 07-4026PublishedCited by 45 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal raises the question of whether Davon Tate made the “substantial preliminary showing” under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), that is required for him to be entitled to an evidentiary hearing challenging the integrity of an affidavit submitted to support the issuance of a search warrant for his residence.

On December 16, 2005, Agent Charles Manners of the Baltimore City Police De partment applied…

2Cases cited10 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. California v. GreenwoodSupreme Court of the United States · 1988
  4. United States v. KaroSupreme Court of the United States · 1984
  5. United States v. James Edward Colkley, United States of America v. Jamison Henry JohnsonCourt of Appeals for the Fourth Circuit · 1990

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3Cited by45 opinions

  1. United States v. Mason McMurtreyCourt of Appeals for the Seventh Circuit · 2013
  2. United States v. TanguayCourt of Appeals for the First Circuit · 2015
  3. United States v. BarbosaCourt of Appeals for the First Circuit · 2018
  4. United States v. ClenneyCourt of Appeals for the Fourth Circuit · 2011
  5. United States v. Richard HaasCourt of Appeals for the Fourth Circuit · 2021

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