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U.S. v. DOYLE

No. 09-4603.

650 F.3d 460 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Franklin DOYLE, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 23, 2011.

Attorney(s) appearing for the Case

ARGUED: John Edward Jessee , Jessee, Read & Ely, PC, Abingdon, Virginia, for Appellant. Jennifer R. Bockhorst , Office of the United States Attorney, Abingdon, Virginia, for Appellee. ON BRIEF: Timothy J. Heaphy , United States Attorney, Roanoke, Virginia, for Appellee.

Reversed by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge BERGER concurred. Judge DUNCAN wrote an opinion concurring separately and concurring in the judgment.

OPINION

WYNN, Circuit Judge:

While "objectively reasonable reliance on a subsequently invalidated search warrant cannot justify the substantial costs of exclusion [of evidence]," where the information relied upon is "`so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable,'" exclusion is an appropriate remedy. United States v. Leon, 468 U.S. 897, 922-23, 104 S.Ct...

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