United States v. Rush, No. 14-4695 (4th Cir. 2015)
Annotate this CaseDefendant plead guilty to one count of possessing with intent to distribute an unspecified quantity of crack cocaine. On appeal, defendant challenged the district court's denial of his motion to suppress evidence. The court concluded that the search was unconstitutional due to the intentional decision of the officer to tell defendant that there was a search warrant, even though he knew that his statement was untrue. The good faith exception to the exclusionary ruled does not apply in this case where there can be no doubt that a reasonable officer would know that deliberately lying about the existence of a warrant would violate defendant’s Fourth Amendment rights. Accordingly, the court reversed the judgment and remanded.
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