US v. Brooks, No. 08-4280

In a prosecution for a drug-related offense, grant of defendant's motion to suppress evidence is reversed and remanded where, although the district court was correct in finding that much of the information set forth in the affidavit was stale, the non-stale information was, on its own, sufficient to give rise to probable cause to believe that contraband or evidence of a crime would be present in defendant's residence.     

Read US v. Brooks, No. 08-4280

Appellate Information

Argued: January 12, 2010

Decided and Filed: February 5, 2010

Judges

Opinion by Circuit Judge Martin

Counsel

For Appellant: Daniel Steven Goodman, US Department of Justice

For Appellee:  Edward G. Bryan, Federal Public Defender's Office