United States v. Albert Lamont Hector, United States of America v. Albert Lamont Hector

Unlike many Fourth Amendment cases, here no one disputes that there was a valid search warrant issued by a state court judge on a showing of probable cause. Instead, the challenge is focused on whether there is a constitutional right under the Fourth Amendment to be presented with a copy of the search warrant at the time of the search, whether a defendant’s probationary status affects this analysis, and whether the claimed constitutional violation merits suppression of the seized evidence.

Albert Lamont Hector was found guilty by a jury of possession of cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (Count One); possession of a firearm in furtherance of drug trafficking in violation of 18 U.S.C. § 924 (c) (Count Two); and being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) (Count Three). Following the trial, the district court granted Hector’s motion to suppress drug and firearms evidence seized from his residence, citing the police’s failure to serve him with a copy of the search warrant. The district court denied the government’s motion for reconsideration of the suppression order and granted Hector a new trial on Counts One…