Professional Documents
Culture Documents
Unpublished
Unpublished
No. 05-4691
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
William L. Osteen,
District Judge. (CR-04-53)
Submitted:
August 9, 2006
Decided:
PER CURIAM:
The government appeals the judgment dismissing drug and
firearms charges against Alvan Devon Holt.
yielded
the
only
evidence
against
Holt
--
was
not
supported by probable cause and that the fruits of the search were
not admissible under the good faith exception set forth in United
States v. Leon, 486 U.S. 897 (1984).
We affirm.
I.
On the morning of January 2, 2004, Officer S.S. Greene of
the Charlotte Mecklenburg Police Department received information
from a confidential source about sales of marijuana. Greene was at
the time a police force veteran of over four years, who had more
than one year of experience in drug enforcement.
He had been
The
magistrate.
J.A. 14.
government time to respond, and proceeded with the trial. Holt was
convicted by the jury on all counts.
Kingville
Drive.
information
J.A.
presented
to
35.
the
As
the
affidavit
magistrate,
the
was
the
district
only
court
See Leon, 468 U.S. at 914-15; Illinois v. Gates, 462 U.S. 213, 23839 (1983); United States v. Lalor, 996 F.2d 1578, 1582-83 (4th Cir.
1993).
The district court further concluded that the Leon good
faith
exception
did
not
save
the
fruits
of
the
search
from
The
Specifically, the
J.A. 46.
J.A. 47.
The
II.
After reviewing the joint appendix and the briefs of the
parties, we affirm on the reasoning of the district court.
See
AFFIRMED