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United States v. Jackson

Because the police inevitably would have discovered the evidence even had the state search warrant never issued, it need not be suppressed. The exclusionary rule is meant to put the police in the same, not a worse, position than they would have been in if no police error or misconduct had occurred. In this case, exclusion of the challenged evidence would put the police in a worse position than they would have been in absent the allegedly infirm state search warrant. 5th U.S. Circuit Court of Appeals, No. 07-30981, 02-03-2010

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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

Archie Roy Jackson and James Bernis Midkiff were convicted of charges stemming from a conspiracy to manufacture and distribute methamphetamine. Jackson challenges the district court’s denial of his motion to suppress evidence found during a search in and around his home. Midkiff contends that the district court erred by increasing the quantity of drugs attributable to him for sentencing purposes and allowing the government to amend the indictment.

I.

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