Question
Reply to this discussion post: Summary: Gooding was charged with the illegal possession of drugs and he moved to have the evidence suppressed seized from
Reply to this discussion post:
Summary: Gooding was charged with the illegal possession of drugs and he moved to have the evidence suppressed seized from his apartment because the warrant that was issued, was used during the night time and not in the day time, like it is supposed to be.
Issue: Should the evidence be suppressed due to the fact that the warrant was served at night?
Holding: The District Court suppressed the evidence, but this ruling was later overturned by the Court of Appeals.
Rationale: The District Court did suppress the evidence because they felt that the conditions for a 'controlled substance' search weren't met. This type of search would allow for the warrant to be served at any time of the day. The State appealed this decision and the ruling was overturned because the Appeals Courtfelt that there was enough evidence to meet the 'controlled substance' search.
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