Troy Kendrick, Jr. v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
(1) When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court rely on the agent's subjective beliefs about the misrepresented evidence to find probable cause and uphold its validity under Franks v. Delaware, 438 U.S. 154 (1978)?
(2) Can courts defer to Sentencing Guidelines commentary without first determining that the underlying Guideline is genuinely ambiguous, in particular, where the Sentencing Commission uses the commentary to rewrite a Guideline that applies to "prohibit[ions]" on the "distribution" of drugs, U.S.S.G. § 4B1.2, to capture conspiracies to distribute drugs?
When a law enforcement agent falsifies and misrepresents wiretap evidence to establish probable cause for a second wiretap, can a reviewing court rely on the agent's subjective beliefs about the misrepresented evidence to find probable cause and uphold its validity under Franks v. Delaware, 438 U.S. 154 (1978)?