U.S. v. Harris, 05-3808
Conviction for possession with intent to distribute more than fifty grams of crack is reversed where defendant made a substantial preliminary showing that the search of his home was unlawful pursuant to the Supreme Court's decision in Franks, which entitled him to a hearing to challenge the veracity of the affidavit used to procure the search warrant.
- Argued 05/03/2006
- Decided 09/27/2006
- Published 09/27/2006
- WILLIAMS, Circuit Judge., Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., James C. McKinley (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.