United States Eighth Circuit

District court erred in suppressing evidence on the basis of omissions from the warrant affidavit. Probable cause would have been established had the affidavit been supplemented by the omitted information - i.e., the confidential informant's admission of prior drug use and the fact that he furnished information about defendant shortly after being arrested on multiple charges of misdemeanor theft.

Appellate Information

• Decided 03/01/2004
• Published 03/01/2004

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert L. Teig, AUSA, argued, Cedar Rapids, IA (Janet L. Petersen, on the brief), for appellant.


• For Appellees:
  
• Alexander M. Esteves, argued, Sioux City, IA, for appellee.