LaMarcus Thomas v. United States
Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, as the Ninth Circuit, Colorado, Maryland and South Carolina hold; (2) only that information plus any other information presented to the issuing magistrate at the time of the warrant application, as the Fifth, Sixth, Seventh, and Tenth Circuits hold; or (3) all information known by the officer at the time she applied for the warrant, even if she never disclosed it to the magistrate, as the Fourth, Eighth, and Eleventh Circuits and Arkansas, Kentucky, Louisiana, Nebraska, and Virginia hold—and further, even if, as the Fourth Circuit holds, the officer failed to disclose the information as a result of a departmental policy.
Whether a suppression court may consider (1) only information contained within the four corners of the warrant application, (2) only that information plus any other information presented to the issuing magistrate at the time of the warrant application, or (3) all information known by the officer at the time she applied for the warrant, even if she never disclosed it to the magistrate, and further, even if the officer failed to disclose the information as a result of a departmental policy