DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073097P.pdf 07/08/2008 United States v. Burgess Jesse Perry, II
U.S. Court of Appeals Case No: 07-3097
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Gruender, Author, with Baldock and Benton, Circuit Judges]
Criminal Case - suppression. Under the totality of circumstances,
officer's affidavit was not so lacking in indicia of probably cause as to
render official belief in its existence entirely unreasonable and thus Leon
exception to the exclusionary rule applies. District court's denial of
motion to suppress evidence is affirmed. Because retention of firearms
may be retained for long periods, officer reasonably could have believed
that defendant retained firearm eight months after homicide.