Edmond v. U.S.

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his drug distribution and unlawful possession of firearm charges, even though defendant argued that his counsel was ineffective for failing to file motion to suppress evidence seized pursuant to search warrant that had been issued based on information supplied by confidential informant. While Dist. Ct. agreed that warrant lacked probable cause because record failed to indicate length of time between when tipster observed defendant with drugs and when tipster informed police of said encounter, defendant could not establish any prejudice in counsel’s failure to file suppression motion, since good-faith exception to exclusionary rule applied because objectively reasonable officers executing warrant could have relied in good faith that warrant was valid. Moreover, language in warrant application could reasonably be construed that tipster gave tip to police one day after his alleged drug encounter with defendant, and officer stated in application for warrant that tipster had provided reliable information to police on six other occasions prior to instant warrant application. Fact that officer made only minimal efforts to independently corroborate information supplied by tipster or inform court issuing warrant that tipster had criminal history did not require different result.