CA10: State SW issued for DNA in Indian country was still in good faith

A state search warrant for defendant’s DNA for an offense in Indian Country was relied upon in good faith, despite defendant’s contention the warrant was issued by an issuing authority outside the jurisdiction. McGirt doesn’t change this. United States v. Patterson, 2022 U.S. App. LEXIS 34599 (10th Cir. Dec. 15, 2022):

Although a state judge rather than a federal magistrate judge issued the search warrant here, we see no reason the good-faith exception should not apply in both instances where the issuing judge lacked jurisdiction. Leon established that the good-faith exception applied to invalid state-issued warrants used in federal prosecutions. 468 U.S. at 903. And the Sixth Circuit has held that the good-faith exception applies to evidence collected pursuant to a warrant that the state judge lacked jurisdiction to issue. United States v. Master, 614 F.3d 236, 243 (6th Cir. 2010), accord United States v. Moorehead, 912 F.3d 963, 969 (6th Cir. 2019).

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