U.S. v. DE LEON-REYNA

No. 89-2157.

898 F.2d 486 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Mario DE LEON-REYNA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 1990.


Attorney(s) appearing for the Case

Jeffrey A. Babcock, Paula C. Offenhauser, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellant.

Timothy L. Jackson, Houston, Tex., for defendant-appellee.

Before THORNBERRY, JOHNSON, and JOLLY, Circuit Judges.


THORNBERRY, Circuit Judge:

This case involves the district court's suppression of evidence obtained following a warrantless investigatory stop made in good faith, but justified on factual information that was erroneous due to police negligence. Finding that the stop was in violation of the fourth amendment and that the good faith exception to the exclusionary rule does not apply, we affirm.

I.

On December 6, 1988, U.S. Border Patrol agent Ernesto...

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