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.
211884P.pdf 12/03/2021 United States v. Martece Saddler
U.S. Court of Appeals Case No: 21-1884
U.S. District Court for the District of South Dakota - Southern
[PUBLISHED] [Loken, Author, with Wollman and Benton, Circuit Judges]
Criminal case - Criminal law. The affidavit in support of the application
for a warrant to search defendant's apartment was sufficient to establish
probable cause that evidence relating to a shooting, including
surveillance cam video, would be found in defendant's apartment; while the
warrant was not sufficient to meet the Fourth Amendment's particularity
requirement, the Leon good faith exception applied because the information
the officer provided in the affidavit and learned during the investigation
made the officer's reliance on the magistrate's issuance of the warrant
objectively reasonable; the officers were lawfully present in the
apartment and could seize a sawed-off shotgun under the plain view
doctrine as the incriminating nature of the gun under federal and state
law was immediately apparent.