United States of America v. Fabian Hernan Hernandez

Dallas, Texas, criminal defense lawyer represented the Defendant charged with possession with intent to distribute methamphetamine.

The Defendant sought to suppress the evidence against him.

Where, as here, a search warrant is involved, the courts employ “a two-step process for reviewing a district court’s denial of a motion to suppress.” United States v. Cavazos, 288 F.3d 706, 709 (5th Cir. 2002). First, the courts determine “whether the good-faith exception to the exclusionary rule applies.” Id. Under the good-faith exception, “where probable cause for a search warrant is founded on incorrect information, but the officer’s reliance upon the information’s truth was objectively reasonable, the evidence obtained from the search will not be excluded.” Id.

The good-faith exception does not apply if the warrant affidavit is “so lacking in probable cause as to render belief in its existence unreasonable.” United States v. Morton, 46 F.4th 331, 336 (5th Cir. 2022) (en banc).

Custody of the BOP for a term of 189 months. S/R - 3 years. MSA - $100

Affirmed