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Leon Can't Save This

By Melody Evans and Kirk Redmond

The Tenth Circuit reversed a denial of a search warrant challenge, and found that the usually omnipotent Leon did not save this unlawful execution. In US v. Amber Young, the police wanted to search Ms Young's apartment and her person. The SW found probable cause for both the residence and Ms Young herself, but the command line authorized only, ?YOU ARE THEREFORE COMMANDED . . . to make a search of the above-named premises.? When they executed the warrant, Ms Young was stopped several miles from her apartment driving down the freeway. Under the authority of the warrant, they searched her and found some objectionable, in some circles, substances. A careful reader, her lawyer, noted the discrepency in the warrant and challenged the search as beyond the scope of the warrant, which is critically distinct from a challenge to either probable cause or the validity of the warrant...continue to full post

Full post as published by Kansas Federal Defender on February 06, 2008 (boomark / email).