United States Tenth Circuit

Defendant's conviction for possessing ammunition as a convicted felon is affirmed where: 1) defendant did not reveal or provide any evidence in the record of an intent to mislead or recklessness on the part of the officers in executing the search warrant at issue; 2) the officers executing the warrant reasonably relied on the magistrate's authorization; 3) even assuming the affidavit's information was so stale as to not establish probable cause with regard to defendant, the affidavit's information nonetheless provided sufficient indicia of probable cause to justify the officers' good faith reliance; and 4) nothing in the record suggested the kind of recurring or systemic negligent conduct by law enforcement occurred that precluded the application of the good-faith exception to the exclusionary rule.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

• BALDOCK, Circuit Judge., Before HARTZ, BALDOCK, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Paul S. McCausland, Young, Bogle, McCausland, Wells & Blanchard, P.A., Wichita, KS, for Defendant-Appellant., James A. Brown, Assistant United States Attorney (and Lanny D. Welch, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.