United States v. Cordova, — F.3d —-, 2015 WL 4072123 (10th Cir. July 6, 2015)
Jul 6, 2015
Defendant was convicted of various drug offenses and appealed the denial of his motion to suppress. The district court had found that the affidavit that had formed the basis of the warrant failed to show probable cause, but applied the good faith exception to the warrant requirement. The Tenth Circuit reversed, finding that the information in the affidavit was so tenuously linked to the Defendant and his home at the time of the search that no reasonable officer could have relied on it. The fact that the only relevant information in the affidavit was stale and only incidentally related to the Defendant overcame even the “deferential” good faith standard.