[T][U] Davey v. Lockerby - Ninth Circuit U.S. Court of Appeals

[T][U] Davey v. Lockerby

By Ninth Circuit U.S. Court of Appeals

  • Release Date - Published: 1995-01-03
  • Book Genre: Law
  • Author: Ninth Circuit U.S. Court of Appeals
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[T][U] Davey v. Lockerby Ninth Circuit U.S. Court of Appeals read online review & book description:

MEMORANDUM* The principal issue in this appeal is whether purportedly false and misleading statements in an affidavit were unessential for a finding of probable cause for issuance of a warrant to search the home of Brad and Donna Davey. The district court found that, despite the existence of any false and misleading statements, probable cause existed to justify issuance of a warrant to search the Daveys' home. Accordingly, the district court granted summary judgment in favor of defendants Bryan Lockerby, six unknown agents of the Drug Enforcement Administration (""DEA""), the United States Department of Justice and the United States of America. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. On appeal, the Daveys argue that Detective Lockerby's affidavit in support of a search warrant contained false and misleading statements. Moreover, they argue that, after redacting the purportedly false and misleading statements, the affidavit fails to recite a sufficient basis for searching their residence. Because of the ambiguous nature of the Lockerby affidavit and the strong civil rights interest involved here, we believe this case and its circumstances deserve close scrutiny.

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[T][U] Davey v. Lockerby book review [T][U] Davey v. Lockerby ePUB; Ninth Circuit U.S. Court of Appeals; Law books.

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