November 13th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
Evans v. Davis

Docket: 14-11099
Opinion Date: November 9, 2017
Judge: Carolyn Dineen King
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's denial of petitioner's claim that the cell phone found in the victim's home, and the subsequently discovered call records linking him to the scene of the murder, were obtained from an unconstitutional search conducted pursuant to a deficient warrant. The court rejected petitioner's defaulted Fourth Amendment claim and held that the evidence fell within the good faith exception to the exclusionary rule.