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United States Tenth Circuit


US v. McCane, 08-6235

In a firearm possession prosecution, denial of defendant's motion to suppress is affirmed where the police lacked probable cause to search defendant's vehicle, but the search was justified by the good-faith exception because the reach of the exclusionary rule does not extend beyond police conduct to punish the mistakes of others, be they judicial officers or employees, or even legislators.

Appellate Information

  • Decided 07/28/2009
  • Published 07/28/2009

Judges

  • MURPHY, Circuit Judge., Before MURPHY, ANDERSON, and TYMKOVICH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • William H. Campbell, Campbell Law Office, Oklahoma City, OK, for Defendant-Appellant., Edward J. Kumiega, Assistant United States Attorney (John C. Richter, United States Attorney, with him on the briefs), Oklahoma City, OK, for Plaintiff-Appellee.
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