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Good Faith Saves Search

By Shari Allison

US v. Campbell, -- F.3d --, 2010 WL 1839028 (10th Cir. 5/10/10)(Kan). Affirmance of denial of suppression motion. Court of Appeals bypasses the "troublesome issue" of whether there was probable cause for a search warrant seeking evidence at Mr. Campbell's home of his criminal activities and his Crips gang membership, in violation of RICO, because the executing officers acted in the good faith belief that the magistrate properly authorized the warrant. Mr. Campbell did not meet his burden to show that officers provided the magistrate with deliberately misleading information or information provided with reckless indifference to the truth. The officers' belief that there was probable cause was not "entirely unreasonable" because the affidavit was not "devoid of factual support...continue to full post

Full post as published by Tenth Circuit Blog on May 17, 2010 (boomark / email).