United States Third Circuit

Following a grand jury indictment of defendants for federal narcotics and weapons offenses, district court's order granting in part motions to suppress evidence in favor of defendants is, with one irrelevant exception, reversed in its entirety where: 1) the magistrate judge had a substantial basis for determining that probable cause existed to search the apparent residence of a confirmed drug dealer; 2) although closer probable cause questions are presented by the searches of other residences, each search is upheld under the Leon good faith exception as each warrant was sufficiently colored in probable cause to justify the executing officers' good faith reliance; and 3) the suppression of a defendant's saliva sample as "fruit of poisonous tree" is reversed as the defendant failed to prove a primary invasion of his own Fourth Amendment rights.

Appellate Information

• Decided 03/09/2010
• Published 03/09/2010

Judges

Court

• United States Third Circuit

Counsel