United States v. Donald Ray Scott

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Donald Scott appeals the district court’s denial of his motion to suppress evidence seized pursuant to a search warrant that was issued by a retired judge. The district court found that although the search warrant was improperly issued, the good faith exception to the exclusionary rule applied. We conclude that because the issuing authority in this case had no legal authority to sign the search warrant, the warrant was void ab initio. We therefore reverse the district court.

I

On April 7, 1999, a police informant notified Sequatchie County Sheriffs…