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eBook details

• Title: United States v. Hython
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 06, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The defendant, Andre Hython, appeals his conviction for possession of crack cocaine with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(iii), following his guilty plea to the first count of a three-count indictment. Hythons plea was conditional, permitting him to challenge the district courts order denying his motion to suppress, in which he contended that police had seized the evidence used to convict him during a search of his home pursuant to a defective search warrant. The district court agreed that the warrant was deficient but denied Hythons suppression motion on the basis that the officers were reasonable in their reliance on the warrant and, therefore, that the Leon good-faith exception applied. Because we find, to the contrary, that no reasonably objective police officer could have concluded that the warrant was supported by probable cause, we hold that Leon is inapplicable in this case and that the motion to suppress should have been granted.

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