U.S. v. SCOTT

No. 00-5126.

260 F.3d 512 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ray SCOTT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 24, 2001.


Attorney(s) appearing for the Case

ARGUED: Howard Upchurch, UPCHURCH & UPCHURCH, Pikeville, TN, for Appellant.

Perry H. Piper, ASSISTANT UNITED STATES ATTORNEY, Chattanooga, TN, for Appellee.

ON BRIEF: Howard Upchurch, UPCHURCH & UPCHURCH, Pikeville, Tennessee, for Appellant.

Perry H. Piper, ASSISTANT UNITED STATES ATTORNEY, Chattanooga, Tennessee, for Appellee.

Before: MARTIN, Chief Judge; NORRIS, Circuit Judge; QUIST, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Donald Scott appeals the district court's denial of his motion to suppress evidence seized pursuant to a search warrant that was issued by a retired judge. The district court found that although the search warrant was improperly issued, the good faith exception to the exclusionary rule applied. We conclude that because the issuing authority in this case had no legal authority...

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