United States v. Tuter

EBEL, Circuit Judge.

The government appeals the district court’s suppression of evidence discovered during a search of defendant Christopher Tuter’s residence executed pursuant to a search warrant. Although we affirm the district court’s conclusion that the search warrant was not supported by probable cause, we reverse its determination that the good-faith exception to the exclusionary rule does not apply. 1

BACKGROUND

On December 21, 1999, a federal magistrate judge issued a search warrant to agents of the federal Bureau of Alcohol, Tobacco and Firearms (ATF) to search the residence of…