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After briefing in this case, the Tenth Circuit issued significant new authority: United States v. McCane, F.3d , 2009 WL 2231658 (C.A. 10 (Okla.)) (attached). McCane supports the State's argument that even if, in hindsight, a Fourth Amendment violation occurred here, the exclusionary rule should not apply to non-culpable officer conduct. See, e.g., Br. of Aple. at 18-21 (discussing United States v. Leon, 468 U.S. 897 (1984), Illinois v. Krull, 480 U.S. 340 (1987), United States v. Herring, U.S. , 129 S.Ct. 695 (2009)).


Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Utah Attorney General's Office Appeals Division; Counsel for Appellee.
Dana M. Facemyer; Facemyer Law Firm, P.C.; Counsel for Appellant.


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