U.S. v. Leonard

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress gun seized from defendant’s home pursuant to search warrant, where police sought said warrant on suspicion that defendant’s wife was dealing drugs. While officer conducting search presented wife with wrong search warrant, said failure to tender correct warrant did not render said search illegal, since correct warrant existed at time of search and officer was not required to present wife with any warrant. Also, while govt. may not have presented evidence regarding credibility of informant, who provided tip of wife’s drug activities, instant warrant was nevertheless supported by probable cause, where officers inspected garbage from defendant’s home on two occasions one week apart and found presence of cannabis in garbage on each occasion.