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U.S. v. McMURTREY

No. 11-3352.

704 F.3d 502 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Mason S. McMURTREY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 2013.

Attorney(s) appearing for the Case

Kirk Schuler (argued), Attorney, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee.

Edward King Poor , Attorney, Quarles & Brady LLP, Chicago, IL, Valerie P. Vidal (argued), Attorney, Quarles & Brady LLP, Milkwaukee, WI, for Defendant-Appellant.

Before FLAUM, WOOD, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

If police officers obtain a search warrant by deliberately or recklessly providing the issuing court with false, material information, the search warrant is invalid. In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that when a defendant makes a substantial preliminary showing that the police procured a warrant to search his property with deliberate or reckless...

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