United States v. Antonio Morales, No. 19-11934 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit affirmed defendant's conviction for possession of marijuana with intent to distribute and of unlawful possession of a firearm and ammunition. The court held that, even if the affidavit supporting the search warrant did not establish probable cause to justify the search, suppression of the fruits of the search would be inappropriate under the good faith exception to the exclusionary rule. The court explained that the police here did exactly what the Fourth Amendment required of them: they obtained a warrant in good faith from a neutral magistrate and reasonably relied on it; they had no reason to believe that probable cause was absent despite the magistrate's authorization; there is no evidence in this record that the affidavit supporting the warrant misled the magistrate or that it contained false information; the affidavit was not lacking in indicia of probable cause so as to render the executing officers' belief in its existence unreasonable; and the warrant was not facially deficient because it failed to particularize the place to be searched or the things to be seized. Finally, the court rejected defendant's claim that the district court lacked lacked subject matter jurisdiction over the unlawful possession of a firearm and ammunition charge, because such an omission is not a jurisdictional defect.
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