Legal Opinion

United States v. Moore

District Court, N.D. New York

Decided July 11, 1990No. 1:89-cr-00186PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

MUNSON, District Judge.

On February 10, 1990 Judge Thomas J. McAvoy signed an Order granting defendant Joseph Donahue’s request for a hearing to test the veracity of a search warrant application as permitted by Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Pursuant to Judge McAvoy’s Order the matter was transferred to this court for a hearing. The court conducted a Franks /suppression hearing on February 21, 1990 in Utica, New York and on February 27, 1990 in Albany, New York. After the government filed a letter brief addressing the issues…

2Cases cited33 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. United States v. VentrescaSupreme Court of the United States · 1965
  5. Weeks v. United StatesSupreme Court of the United States · 1914

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3Cited by7 opinions

  1. United States v. MooreCourt of Appeals for the Second Circuit · 1992
  2. United States v. MooreCourt of Appeals for the Second Circuit · 1992
  3. United States v. DiazDistrict Court, D. Connecticut · 2004
  4. United States v. McElrathDistrict Court, D. Minnesota · 1991
  5. Tucker v. County of JeffersonDistrict Court, N.D. New York · 2000

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