Precedential Opinions of Note
Third Circuit Clarifies Standard of Review to Obtain Hearing on
Search Warrant
United States v. Desu
(January 7, 2022), No. 20-2962
http://www2.ca3.uscourts.gov/opinarch/202962p.pdf
Unanimous decision: Porter (writing), Chagares, and Roth
Background
A jury convicted Defendant of tax fraud after he underreported
his cash income from two of his pharmacies. Defendant argued on
appeal that the affidavit in support of his search warrant was
defective because it contained material omissions and misstatements
made in reckless disregard for the truth. This, he claimed, misled
the magistrate court in executing the warrant.
Holding
The Court affirmed the district court's denial of
Defendant's request for review of the search warrant. For the
first time, the Court clarified the two-part standard governing
review of such a request. First, the Court assesses - for clear
error - a district court's decision regarding alleged
