United States v. Grant, III, No. 11-50036 (9th Cir. 2012)
Annotate this CaseDefendant was convicted for being a felon in possession of a firearm. At issue was whether the basis of the search that resulted in defendant's conviction was so attenuated as to require suppression of the firearms evidence found in the search. The district court held that there was a lack of probable cause to issue the warrant authorizing the search, but invoked the good faith reliance doctrine of United States v. Leon to permit use of the evidence. The court held that the warrant to search defendant's home did not issue upon probable cause. The underlying affidavit simply did not establish a "fair probability" that the gun and ammunition associated with the homicide would be found there, or even provide a "colorable argument for probable cause." Therefore, Leon's good faith exception to the officers' execution of the warrant did not apply either. Accordingly, the court reversed and remanded for further proceedings.
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