United States Eighth Circuit

A conviction for drug, firearm, and additional offenses is reversed where a "Warrant of Arrest," signed by the Nebraska Director of Correctional Services, was not a valid arrest warrant since the director was not a neutral and detached magistrate for purposes of issuing arrest warrants, and the good-faith exception to the warrant requirement did not apply.

Appellate Information

• Decided 06/16/2006
• Published 06/16/2006

Judges

• MURPHY, Circuit Judge, with whom LOKEN, Chief Judge, and MELLOY, SMITH, and GRUENDER, Circuit Judges, join., Before LOKEN, Chief Judge, WOLLMAN, BEAM, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Adam J. Sipple, argued, Johnson & Mock, Omaha, NE, for appellant.


• For Appellees:
  
• Robert Francis Cryne, U.S. Attorney's Office, argued, on the brief, William W. Mickle, II, Assistant U.S. Attorney, Omaha, NE, for appellee.