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U.S. v. TATE

No. 07-4026.

524 F.3d 449 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Davon TATE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 6, 2008.

Attorney(s) appearing for the Case

ARGUED: Martin Gregory Bahl, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Debra L. Dwyer, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Joseph L. Evans, Assistant Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal raises the question of whether Davon Tate made the "substantial preliminary showing" under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), that is required for him to be entitled to an evidentiary hearing challenging the integrity of an affidavit submitted to support the issuance of a search warrant for his residence.

On December 16, 2005,...

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