United States v. Christopher Hay, No. 21-3031 (8th Cir. 2022)
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Defendant pleaded guilty to one count of illegal possession of firearms and ammunition and two counts of possession of unregistered firearms. Defendant preserved his right to appeal the district court’s denial of his motion to suppress and appealed.
Defendant first argued that the warrant application did not establish probable cause to justify the search of his residence because it relied on the confidential Bulletin, which in Defendant’s view represents an attempt by the ATF to improperly change the law by defining all fuel filters and solvent traps as silencers regardless of how a person intends to use them. He further asserted that hat the good faith exception does not apply because the search warrant application misstated the law regarding firearm silencers and unmodified fuel filters and omitted the intent element, misleading the judge considering the warrant as to both law and facts. Here, the court explained, that the warrant application was thin, but officers were not “entirely unreasonable” in their belief that the warrant was supported by probable cause, nor was the warrant so deficient that they “could not reasonably presume its validity.” The court agreed with the district court that, regardless of whether the warrant was supported by probable cause, the good faith exception applies.
Court Description: [Kelly, Author, with Smith, Chief Judge, and Benton, Circuit Judge] Criminal case - Criminal law. The affidavit provided in support of the search application for defendant's home relied, in part on a confidential ATF Bulletin which defined fuel filter firearm silencers, and that Bulletin, rather than attempting to change 18 U.S.C. Sec. 921(a)(24), merely informed law enforcement of items that qualified as firearm silencers under the law as it already exists; even if the affidavit failed to establish probable cause to believe evidence of the offense would be found at defendant's residence, the officers were not entirely unreasonable in their belief that the warrant was supported by probable cause and the Leon good faith exception applied. [ August 22, 2022 ]
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