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Criminal Law

: Tenth Circuit Blog

Warrant Lacked PC, But Officers Searched in Good Faith; Improper Gang Testimony Harmless

By Shari Allison

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US v. Roach, -- F.3d --, 2009 WL 2989182 (10th Cir. 9/21/09) - search warrant affidavit failed to supply probable cause for search because it relied on outdated information regarding Mr. Roach's gang connection and failed to provide a nexus between him and the address searched. However, officers executed it in good faith, so it's all good. There was sufficient evidence of defendant's knowledge of and access to the gun, ammunition, and crack cocaine to support his convictions. While the district court improperly allowed police officer to testify as gang expert without making required reliability findings, the error did not substantially affect the verdict and thus was harmless.

Full post as published by Tenth Circuit Blog on September 22, 2009 (boomark / email).

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