United States v. Jarman, No. 16-30468 (5th Cir. 2017)
Annotate this CaseAfter defendant conditionally pleaded guilty to the receipt and attempted receipt of child pornography, he appealed the denial of his motion to suppress evidence obtained in the search of his home and his motion for reconsideration. The court held that the district court did not err in denying suppression of the evidence the Government seized from defendant's home because: (1) defendant failed to carry his burden to show that the good faith exception does not apply; and (2) defendant was not entitled to suppression based on the Government’s delay in completing its search of the evidence where he waived the claim that the Government violated Rule 41, and the Government did not violate the Fourth Amendment because it acted reasonably under the circumstances. Accordingly, the court affirmed the judgment.
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