United States Third Circuit

In a prosecution of defendant for child pornography, a grant of a motion to suppress is reversed where: 1) a warrant did not incorporate the affidavit of probable cause and thus a narrower affidavit did not cure an overbroad warrant; 2) the government waived any arguments based on the exception to the incorporation rule applied in US v. Leveto by failing to raise them before the district court; but 3) the application of the exclusionary rule is not justified because officers acted in good faith by relying on the validity of the warrant.

Appellate Information

• Decided 03/01/2010
• Published 03/01/2010

Judges

• Before RENDELL and AMBRO, Circuit Judges and McVERRY,District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Martin C. Carlson, United States Attorney, Theodore B. Smith, III, (Argued), Gordon A.D. Zubrod, Assistant United States Attorney, Harrisburg, PA, Council for Appellant.


• For Appellees:
  
• Steve Rice, Esquire, (Argued), Gettysburg, PA, Council for Appellee.