United States Tenth Circuit

In a mail fraud prosecution, the grant of Defendant's motion to suppress is reversed where the government obtained the evidence at issue in a search of Defendant's computer pursuant to the good-faith exception to the exclusionary rule, as the officers who obtained the warrant received legal advice and limited the scope of their search.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, HOLLOWAY and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Fred J. Federici, Assistant United States Attorney, Las Cruces, NM, (Gregory J. Fouratt, United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellee.