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MATTER OF APPLICATION & AFF. FOR A SEARCH WARRANT

No. 90-5550.

923 F.2d 324 (1991)

In the Matter of the APPLICATION AND AFFIDAVIT FOR A SEARCH WARRANT. The WASHINGTON POST COMPANY, Plaintiff-Appellee, v. Caleb HUGHES, Defendant-Appellant, United States of America; Commonwealth of Virginia, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1991.

Attorney(s) appearing for the Case

Peter D. Greenspun, Klein & Greenspun, Fairfax, Va., for defendant-appellant.

Stephen Andrew Best, argued (Robert F. Horan, Commonwealth Attorney's Office, Fairfax, Va., on brief), for amicus curiae Com. of Virginia.

William G. Otis, Asst. U.S. Atty., argued (Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief), for amicus curiae U.S.

Kevin Taylor Baine, argued (Dane H. Butswinkas, Williams & Connolly, Washington, D.C., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, and WIDENER and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

This case involves the recurrent tension between the public's right of access to information regarding the workings of the criminal justice system and a defendant's Sixth Amendment guarantee of a fair trial. The specific conflict concerns an affidavit filed in support of a search warrant and whether the contents of that affidavit can be released without extinguishing the rights of the defendant at whom the warrant was directed. That defendant...

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