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U.S. v. CAMPBELL

No. 88-1852.

878 F.2d 170 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Chester W. CAMPBELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1989.

Rehearing and Rehearing Denied July 31, 1989.

Attorney(s) appearing for the Case

Keith Corbett, Asst. U.S. Atty., John R. Roth, Asst. U.S. Atty. (argued), Civ. Div., Detroit, Mich., for the U.S.

Carl Ziemba (argued), Detroit, Mich., for Chester Wheeler Campbell.

Before MILBURN and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 31, 1989.

DAVID A. NELSON, Circuit Judge.

The question presented in this case is whether deliberate false statements in an affidavit supporting an application for a search warrant compel the voiding of the warrant even if the false statements are unnecessary to a finding of probable cause. We believe the Supreme Court answered that question in the negative in Franks v. Delaware, 438 U.S. 154...

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