Nicholas Dwayne Jones v. United States
SocialSecurity Securities Immigration
Does a defendant in a criminal proceeding still retain the right under the Fourth and Fourteenth Amendment to challenge the truthfulness of statements in an affidavit used to support a search warrant?
QUESTION(S) PRESENTED This case presents important and lonstanding issues of both Fourth and Fifth Amendment law: Question One: Does a. defendant in a.criminal proceeding. still retain the right under the Fourth and Fourteenth Amendment under the United States Constitution, subsequent to the ex parte issuance of a search warrant, to a hearing to challenge the truthfulness of factual statements made in an affidavit used to support the warrant, when the government has conceded that the statements were false? Question Two: Does a defendant's mere presence, coupled with his knowledge that someone other than himself intends to sell drugs, is sufficient to establish his membership in a conspiracy to sell drugs?