Barnes v. Commonwealth – June 16, 2009

Trial court found police intentionally withheld exclupatory evidence from magistrate when requesting search warrant, but denied pre-trial motion to suppress fruits of the search. CAV found the officer’s omission insufficient to negate probable cause under the Franks test.

Media Links
Alexandria Times

Details

From
The Court of Appeals of Virginia (unpublished decision)

Counsel
Kevin T. Gaynor (OFFICE OF THE PUBLIC DEFENDER) for appellant.

Gregory W. Franklin (OFFICE OF THE ATTORNEY GENERAL) for appellee.

Assignments of Error
1. The Court of Appeals erred in affirming the trial court’s denial of the appellant’s motion to suppress all evidence seized pursuant to the search warrant issued on June 16, 2006, and executed at the appellant’s home because the affidavit in support of the search warrant was insufficient to establish probable cause and the affidavit contained incomplete information in support of probable cause and also omitted crucial information that negated probable cause and that this information was incompletely included or omitted with a reckless disregard for the truth in violation of the Fourth Amendment of the United States Constitution and Virginia Code § 19.2-54.

2. The Court of Appeals erred in finding that the evidence at trial was sufficient to support the convictions for aggravated malicious wounding and use of a firearm [in] the commission of aggravated malicious wounding because the evidence failed to establish beyond a reasonable doubt that the appellant committed these offenses and the evidence also was insufficient to support the conviction for aggravated malicious wounding when it did not establish that Carmon had suffered a severe injury with significant and permanent physical impairment.

Date Granted
6-15-2009