United States v. Nora

After law enforcement officers arrested Defendant they obtained a warrant to search his home. The search of Defendant’s home resulted in the seizure of illegal drugs and firearms. Defendant entered a conditional guilty plea to possession of cocaine base with intent to distribute, reserving the right to appeal the denial of his suppression motion. On appeal, Defendant argued that the officers lacked probable cause to arrest him, and because the search warrant was based on information acquired as a result of his unlawful arrest, the warrant was invalid and the evidence discovered during the search must be suppressed. The Ninth Circuit reversed the district court’s order denying Defendant’s suppression motion, holding (1) although Defendant’s arrest was supported by probable cause, the manner in which the officers made the arrest violated Payton v. New York; (2) evidence obtained as a result of Defendant’s unlawful arrest must be suppressed, and the remaining untainted evidence did not provide probable cause to issue a warrant; and (3) consequently, the entire warrant was invalid, and all evidence seized pursuant to it must be suppressed. View "United States v. Nora" on Justia Law