U.S. v. McMurtrey

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Case Number: 
No. 11-3352
Decision Date: 
January 10, 2013
Federal District: 
C.D. Ill.
Vacated and remanded
In prosecution on drug possession and related firearms charges, Dist. Ct. erred in denying defendant’s motion to suppress drugs seized from his home pursuant to search warrant after conducting “pre-Franks” hearing used by Dist. Ct. to evaluate defendant’s claim that officers obtained search warrant through use of false information that had been either deliberately or recklessly supplied to court that issued said warrant. Defendant is entitled to full Franks hearing since he presented sufficient evidence at pre-Franks hearing to show that information contained in application for instant warrant was false where: (1) officers sought similar warrant that described defendant’s alleged drug activities but contained wrong address for defendant’s home just hours before seeking instant warrant that contained same information about defendant’s drug activities but correct address; and (2) officers failed to inform judge about statements made in prior search warrant application. Moreover, Dist. Ct. improperly allowed govt. to explain said discrepancies in warrant applications at pre-Franks hearing without defendant having opportunity to fully cross-examine govt. witnesses.