United States v. Bush, Jr., No. 12-12624 (11th Cir. 2013)Annotate this Case
Defendant appealed his convictions for conspiring to possess with intent to distribute cocaine; possessing with intent to distribute cocaine; possessing a firearm in furtherance of a drug trafficking crime; and being a felon in possession of a firearm. The court concluded that, under the independent source exception, the exclusionary rule did not bar admission of the evidence seized on the property, even if the placement of the GPS tracking device and the dog sniff violated the Fourth Amendment. Accordingly, the district court did not err in denying defendant's motion to suppress. The court also concluded that the district court did not abuse its discretion in deciding to give the Allen charge where the charge was not premature nor coercive. Accordingly, the court affirmed the judgment of the district court.