United States v. Jackson, No. 14-1957 (8th Cir. 2015)
Annotate this CaseA Missouri deputy responded to a report of a stolen firearm. Arriving at the Elledge home he discovered that Jackson was reporting the stolen firearm. A Highway Patrol Trooper arrived. Jackson stated that he had purchased a rifle from Elledge and that Jackson’s nephew, Bobby, had stolen the rifle. Outside, the trooper informed the deputy that Jackson was a convicted felon with numerous armed criminal actions in his history. The officers contacted Bobby, who stated that he was in a dispute with Jackson and feared for his life. He stated Jackson had threatened to shoot him and that he had told Elledge this story and asked if he could take the gun to keep the gun away from Jackson. Elledge had agreed. Bobby informed the officers there was a firearm in Jackson’s home. Jackson denied having firearms in his home. Executing a warrant, officers discovered a firearm and ammunition in the Jackson home. Jackson was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The Eighth Circuit affirmed, rejecting an argument that the district court erred in finding that the warrant application failed to supply probable cause, but the Leon good faith exception to the exclusionary rule applied.
Court Description: Harpool, Author, with Murphy and Shepherd, Circuit Judges] Criminal case - Criminal law. The actions of the law enforcement officer in executing the search warrant were taken in objective reasonable good faith considering the officer's knowledge and actions, the review and approval of the warrant application by a prosecutor and the issuance of the warrant by a judicial officer after the law enforcement answered the judge's specific questions, and the district court did not err in finding the good faith exception under Leon applied to the case.
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