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M.D.Pa.: Brady applies to suppression hearings

By John Wesley Hall, Jr.

The fact defendant was dealing drugs from her former residence justifies the conclusion that she would be dealing drugs from her current residence. The affidavit for the search warrant showed probable cause. Impeachment evidence under Brady should have been turned over to the defense before the suppression hearing. In this case, however, it would not make a difference in the outcome. United States v. Best, 2009 U.S. Dist. LEXIS 119802 (M.D. Pa. December 23, 2009).* Defendant was overheard being told by his brother to bring “snow bunny” into a prison visit as USP-Pollock so his brother could barter for protection. Thus, the prison officials had reasonable suspicion for him when he showed up. Defense counsel was, thus, not ineffective for not challenging his search...continue to full post

Full post as published by Fourth Amendment on December 31, 2009 (boomark / email).