United States v. John Underwood

Appellee John Underwood was charged with conspiracy to possess and distribute controlled substances under 21 U.S.C. §§ 841 and 846, and possession with intent to distribute cocaine and ecstasy under 21 U.S.C. § 841 . In district court Underwood moved to suppress drug trafficking evidence found during a search of his home, arguing that the state warrant that authorized the search lacked probable cause and the good faith exception to the exclusionary rule did not apply. District Judge Stephen Wilson granted Underwood’s motion to suppress. The United States appeals. We have jurisdiction under 18 U.S.C. § 3731 , and we affirm.

I. BACKGROUND

A. Federal Warrants & Underwood’s Arrest

Between January and July 2010, the Drug Enforcement Administration (“DEA”) and the Beverly Hills Police Department conducted a wiretap investigation into a suspected drug trafficking organization headed by Underwood’s co-defendant, Jimmy Luong. The investigation revealed that Luong’s drug trafficking organization (“Luong DTO”) was likely distributing hundreds of thousands of pills of ecstasy per week.

In April 2010, agents followed Luong and Tony Barrera, another one of Underwood’s…