United States v. Henderson, No. 17-10230 (9th Cir. 2018)Annotate this Case
The Ninth Circuit affirmed the district court's denial of defendant's motion to suppress evidence. Defendant conditionally pleaded guilty to receipt of child pornography and moved to suppress evidence including evidence seized pursuant to a Network Investigative Technique (NIT) warrant issued by a magistrate judge.
The panel held that, although the NIT warrant violated Federal Rule of Criminal Procedure 41(b) because it authorized a search outside of the issuing magistrate judge's territorial authority, the good faith exception to the exclusionary rule applied to bar suppression of the evidence. The panel reasoned that there was no evidence that the officers executing the NIT warrant acted in bad faith. Furthermore, suppression of the evidence against defendant was unlikely to deter future violations of this specific kind because the conduct at issue was, after a December 2016 amendment, authorized by Rule 41(b)(6).