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032464P.pdf 06/01/2004 USA v. Jay Todd Hessman
U.S. Court of Appeals Case No: 03-2464
Northern District of Iowa
Criminal case - criminal law. Looking to Leon and precedent from
other circuits, the fact that the warrant the magistrate judge issued was
based on an unsigned, unsworn affidavit did not make executing officer's
reliance on it unreasonable or invalidate the search and seizure, and the
district court erred in applying a type of per se rule that an unsigned,
unsworn application for a search warrant could not qualify for
consideration under the Leon good-faith exception; district court erred in
suppressing the evidence seized during the search and defendant's
subsequent incriminating statements.
[PUBLISHED] [Riley, Author, with Gibson and Wollman, Circuit Judges]