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U.S. v. LAUGHTON

No. 03-1202.

409 F.3d 744 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James Howard LAUGHTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2005.

Attorney(s) appearing for the Case

ARGUED: Kenneth R. Sasse, Federal Defender's Office, Flint, Michigan, for Appellant. James C. Mitchell, Assistant United States Attorney, Bay City, Michigan, for Appellee. ON BRIEF: Kenneth R. Sasse, Federal Defender's Office, Flint, Michigan, for Appellant. James C. Mitchell, Assistant United States Attorney, Bay City, Michigan, for Appellee.

Before: DAUGHTREY and GILMAN, Circuit Judges; RICE, District Judge.

DAUGHTREY, J., delivered the opinion of the court, in which RICE, D.J., joined.

GILMAN, J. (pp. 752-53), delivered a separate dissenting opinion.

OPINION

DAUGHTREY, Circuit Judge.

In this appeal, we are asked to review the district court's determination that the search of a house pursuant to a warrant issued without probable cause was nevertheless valid under the "good faith" exception to the exclusionary...

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