Legal Opinion
United States v. Irving
District Court, D. Kansas
Decided September 28, 2018No. Case No. 18-10019-EFMPublishedCited by 6 opinions
1Opinion of the Court
ERIC F. MELGREN, UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Defendant Jason Wayne Irving's Motion to Suppress (Doc. 18). Defendant seeks suppression of all evidence obtained against him pursuant to two search warrants. The second search warrant was based on the findings of the first search warrant. The Court finds that Defendant has standing to object to the search, the search warrant was overbroad, and the good faith exception cannot save the illegal search. Because the first search warrant is invalid, the second search warrant is also invalid. Accordingly, the Court…
2Cases cited15 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Smith v. MarylandSupreme Court of the United States · 1979
- Carpenter v. United StatesSupreme Court of the United States · 2018
- Byrd v. United StatesSupreme Court of the United States · 2018
- United States v. Richard J. Leary, and F.L. Kleinberg & Co.Court of Appeals for the Tenth Circuit · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Moises Zelaya-VelizCourt of Appeals for the Fourth Circuit · 2024
- United States v. Gilberto MoralesCourt of Appeals for the Fourth Circuit · 2024
- United States v. Jonathan Zelaya-VelizCourt of Appeals for the Fourth Circuit · 2024
- United States v. Jose Molina-VelizCourt of Appeals for the Fourth Circuit · 2024
- United States v. Luis GonzalesCourt of Appeals for the Fourth Circuit · 2024
1 more not listed; retrieve them via the Exa API.