United States Sixth Circuit

In a prosecution of defendant for being a felon in possession of a firearm, district court's denial of a motion to suppress evidence found at defendant's home during the execution of a search warrant is remanded where: 1) the search violated defendant's Fourth Amendment rights as the judge's authority to issue warrants stems exclusively from Tennessee law, but that same source of law provides that the judge had no authority to issue a warrant for a search of defendant's home; and 2) while it appears at first blush that suppression might be inappropriate in this case, the case is remanded to the district court for the purposes of re-examining the facts and balancing the interests required by Herring v. U.S. 129 S. Ct. 659 (2009).

Appellate Information

• Argued 08/06/2010
• Decided 08/31/2010
• Published 08/31/2010

Judges

• CLAY

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Bryan H. Hoss, Christopher D. Poole