Tenth Circuit Suppresses DNA Evidence For False Statement In Search Warrant Affidavit

Feds get a warrant to test DNA of a biker arrested at a Las Vegas, N.M. saloon to show he was illegally carrying a gun. Uh oh! The warrant was based largely on statements of an off-duty officer at the saloon that contradict what he said at the time of the arrest. District court: That violates the constitutional rule that warrants can't be based on intentionally false statements; DNA suppressed. Gov't: Surely, that rule doesn't apply to an off-duty officer? Tenth Circuit: It surely does, at least when he was involved in the investigation as this fellow was.

The case is United States v. Norton, No. 24-02059 (10th Cir. Mar. 5, 2025).