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United States v. Billian

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ARGUED MARCH 3, 2010

Before EASTERBROOK, Chief Judge, and MANION and EVANS, Circuit Judges.

Larry Billian pleaded guilty to two marijuana offenses and to possessing a firearm in connection with those crimes. His conditional plea reserved the right to appeal from the district court’s order denying his motion to suppress evidence seized from his home. The seizure was authorized by a war-rant issued by a state judge. Billian contended that the affidavit Detective Teresa Smith had tendered in support of the application failed to establish probable cause and contained material falsehoods and omissions. The district court held a hearing under Franks v. Delaware, 438 U.S. 154 (1978), and found that, although Smith’s affidavit was inaccurate in some respects, Billian “failed to demonstrate by a preponderance of the evidence that the affidavit contained deliberate lies or a reckless disregard for the truth.” The judge concluded that the affidavit established probable cause-and that, even if it did not, suppression is inappropriate because Smith obtained a warrant in good faith. See United States v. Leon, 468 U.S. 897 (1984).

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