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Affidavit in Support of Search Warrant Found Proper

By FindLaw Staff on May 10, 2010 | Last updated on March 21, 2019

In US v. Campbell, 09-3212, the court of appeals affirmed defendant's conviction for possessing ammunition as a convicted felon, holding that 1) defendant did not reveal or provide any evidence in the record of an intent to mislead or recklessness on the part of the officers in executing the search warrant at issue; 2) the officers executing the warrant reasonably relied on the magistrate's authorization; 3) even assuming the affidavit's information was so stale as to not establish probable cause with regard to defendant, the affidavit's information nonetheless provided sufficient indicia of probable cause to justify the officers' good faith reliance; and 4) nothing in the record suggested the kind of recurring or systemic negligent conduct by law enforcement occurred that precluded the application of the good-faith exception to the exclusionary rule.

As the court wrote:  "A jury convicted Defendant Jermall Campbell of possessing ammunition as a convicted felon in violation of 18 U.S.C. § 922(g)(1). Law enforcement seized the ammunition during a warrant search of Defendant's Wichita, Kansas home. Defendant challenged the search with a motion to suppress and a request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978). After conducting an evidentiary hearing, the district court denied Defendant's motion to suppress, concluding (1) probable cause existed to support the warrant, (2) the officers involved in the preparation of the affidavit supporting the warrant did not deliberately mislead or act with reckless indifference to the truth, and, otherwise, (3) law enforcement relied in objective good faith upon the warrant.  Defendant appeals.  Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the district's denial
of Defendant's motion to suppress."

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