United States v. Raymond M. Freitas Walter Freitas Jonny McClellan

FARRIS, Circuit Judge:

This is the government’s second appeal from a pretrial suppression order entered by the United States District Court for the Northern District of California. 1 On the first appeal, we affirmed the district court’s holding that a search warrant violated Fed.R.Crim.P. 41 and the fourth amendment to the U.S. Constitution, United States v. Freitas, 800 F.2d 1451, 1455-56 (9th Cir.1986), but reversed the court’s ruling that the conduct of the government agents who relied on the defective warrant did not satisfy the “good faith” exception to the exclusionary rule. Because the…