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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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US v. Campbell, -- F.3d --, 2010 WL 1839028 (10th Cir. 5/10/10)(Kan). Affirmance of denial of suppression motion. COA bypasses the "troublesome issue" of whether there was pc for search warrant seeking evidence at Mr. Campbell's home of his criminal activities and his Crips membership, in violation of RICO, because the executing officers acted in the good faith belief that the magistrate properly authorized the warrant. Mr. Campbell did not meet his burden to show that officers provided the magistrate with deliberately misleading information or information provided with reckless indifference to the truth. Officers' belief that there was pc was not "entirely unreasonable" because the affidavit was not "devoid of factual support." There was a "minimally sufficient nexus between the illegal activity and the place to be searched...continue to full post

Full post as published by Tenth Circuit Blog on May 17, 2010 (boomark / email).