(DOWNLOAD) "United States V. Allen" by Sixth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: United States V. Allen
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 04, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Kenneth Eugene Allen pled guilty to an indictment charging him with possession of crack cocaine and an illegal firearm, after his motion to suppress evidence seized pursuant to a warrant issued on an allegedly insufficient affidavit was denied by the district court. He appealed that denial. A panel of this court ruled that the affidavit was insufficient to provide probable cause for the warrant, and reversed his conviction. United States v. Allen, 168 F.3d 293 (6th Cir. 1999). We granted a rehearing en banc, and now hold that an affidavit based upon personal observation of criminal activity by a confidential informant who has been named to the magistrate and who, as the affidavit avers, has provided reliable information to the police in the past about criminal activity, though without further specificity as to the type of such activity, can be sufficient for a magistrate to find probable cause to issue a warrant. We affirm the district court's denial of Allen's motion to suppress evidence, and Allen's subsequent conviction.