UNITED STATES v. BURKE

No. 85-8515.

784 F.2d 1090 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Brenda Faye BURKE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 23, 1986.


Attorney(s) appearing for the Case

Richard H. Deane, Asst. U.S. Atty., Larry D. Thompson, U.S. Atty., Atlanta, Ga., for plaintiff-appellant.

John O. Ellis, Jr., Federal Defender Program, Inc., Atlanta, Ga., for defendant-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and ALAIMO, Chief District Judge.


Rehearing and Rehearing En Banc Denied April 23, 1986.

JOHNSON, Circuit Judge:

The present case requires us to decide whether the search of the apartment of defendant-appellee Brenda Burke was conducted in violation of her rights under the Fourth Amendment.

On July 13, 1984, FBI Agent John Benesh executed an affidavit in support of two search warrants. The affidavit was based on information from a confidential informant who had given reliable information...

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