[Download] "United States v. Ross" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Ross
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
BEFORE: LIVELY, Circuit Judge; WEICK, Senior Circuit Judge; and ALDRICH, District Judge.* Order The only question in this direct appeal from conviction of Ross for receiving and possessing a firearm by a felon is whether the district court correctly denied a motion to suppress an evidence firearms seized in the search of a residence. An agent of the Alcohol, Tobacco and Firearms Division of the Treasury Department obtained a search warrant for a residence in Saginaw, Michigan on the basis of his affidavit which described the building to be searched, at 608-1/2 South Bond Street in Saginaw as the ""residence"" of Jack Ross. The affidavit was based on information from a confidential informant and on observations by the affiant. At the suppression hearing it was proven that 608-1/2 South Bond Street was not the regular residence of Jack Ross, but was the residence of his girl friend and that Ross spent as many as three nights a week at that address. The defendant argued in the district court and repeats the argument in this court that the statement in the affidavit that 608-1/2 South Bond Street was the residence of Jack Ross was false and was made either knowingly and intentionally or with reckless disregard of the truth and that this fact required the district court to suppress the evidence seized during the search of the residence. The defendant relies on Franks v. Delaware, 438 U.S. 154 (1978).