United States v. Wharton, No. 15-4103 (4th Cir. 2016)
Annotate this CaseDefendant was convicted of conspiracy, making a false statement, theft, and embezzlement, all in connection with her unlawful receipt of government benefits. Defendant argues that, in the affidavit supporting the search warrant for the house, the affiant recklessly omitted material, exculpatory facts. The critical information that defendant maintains the special agent recklessly omitted from his affidavit were facts demonstrating that she and her husband “occupied different parts of the house.” The court affirmed the district court's denial of defendant's motion to suppress, concluding that the inclusion of the omitted information would not have defeated probable cause for the search and thus that information was not material.
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