Jay Maurice Tharps v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether the Fourth Circuit erred in determining that probable cause existed
QUESTION PRESENTED FOR REVIEW Whether the Fourth Circuit erred in determining that probable cause existed when instead of describing any reliable and corroborated facts about drug trafficking, the warrant cited to isolated and relatively minor instances where Mr. Tharps simply possessed marijuana and the untested statements of an anonymous informant that Mr. Tharps was possibly distributing marijuana but not at the target address, before jumping to the conclusion that he must be trafficking? The standard used to determine if there is probable cause is the “totality of the circumstances.” However, this less formal test does not mean that probable cause has been accomplished where each separate incident is deemed sufficient for that purpose in relation to other insufficient incidents. A basket full of partially rotten fruit doesn't produce a piece of edible fruit, in the end, that basket is just full of partially rotten fruit. Whether the Fourth Circuit erred in determining that the Leon exception applied? i