United States v. Glen Butz Danner L. Boone

Idaho law enforcement officials obtained electronic surveillance evidence against Glen Butz and Danner Boone by procedures that complied with then-existing state law. The Idaho Supreme Court later declared, in a separate case, that pen registers were searches according to the state constitution and required probable cause. The question before us is whether the change in state law required the suppression of the evidence in federal court. We find that a good faith exception applies. Butz and Boone also raise pre-indictment delay and Speedy Trial Act claims. We affirm the district court’s pretrial rulings.

BACKGROUND:

In February 1987, Idaho law enforcement officers began an investigation into the alleged marijuana sales of Scott Sarber. Officers conducted surveillance of Sarber and a coconspirator, Joe Davis, with the aid of court-authorized pen registers and wiretaps.

By March 1988, federal officials were involved in the widening investigation, which had uncovered the involvement of several coconspirators in a multi-state drug trafficking scheme. Investigators promptly notified defendants Butz and Boone of their suspected involvement in the conspiracy.

They were indicted in…