United States v. Mario De Leon-Reyna

POLITZ, Circuit Judge,

dissenting:

I cannot join the majority for I cannot agree that there could be a good faith reliance by officer Martinez on information which, as factually found by the district court and conceded by the government, by definition was unreasonably acquired by the officer. If the posture of this case permitted, I would conclude that the officer’s stop of the vehicle did not violate the fourth amendment. Because that resolution is not available, and because I cannot accord to the unreasonably acquired information the healing balm accorded by the majority, I must respectfully dissent. In doing so, I join much of what Brother Thornberry has written in his dissent.