United States Tenth Circuit

The grant of defendant's motion to suppress evidence obtained from his home is affirmed where the warrant used in the search lacked probable cause and the good faith exception established in US v. Leon, 468 U.S. 897 (1984) does not apply.

Appellate Information

• Decided 03/02/2005
• Published 03/02/2005

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ANDERSON, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David N. Williams, Assistant U.S. Attorney, (and David C. Iglesias, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• John E. Leeper (and Joseph (Sib) Abraham, Jr., with him on the brief), El Paso, TX, for Defendant-Appellee.