[DOWNLOAD] "United States v. Mcclain" by United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Mcclain
- Author : United States Court of Appeals
- Release Date : January 02, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
On July 25, 2002, a federal grand jury returned an indictment charging Defendants-Appellees Kevin McClain, George Brandt III, and Jason Davis with conspiracy and substantive marijuana trafficking in violation of 21 U.S.C. çç 841(a)(1) and 846. The defendants moved to suppress all evidence obtained during and as a consequence of a warrantless search of McClains residence on October 12, 2001, including evidence seized during execution of search warrants issued on the basis of evidence obtained as a result of that initial warrantless search. The district court granted the motions, holding that the warrantless search of McClains residence was not justified by exigent circumstances, the good faith exception to the exclusionary rule did not apply to these circumstances, and the derivative evidence must be suppressed. Although we agree with the district courts conclusion that there was neither probable cause nor exigency to justify the warrantless search of McClains residence, we find that, under the particular facts of this case, the good faith exception to the exclusionary rule applies. We will therefore reverse the judgment granting the motions to suppress.