Whether the Fifth Circuit erred in affirming the denial of the motion to suppress evidence under the good faith exception despite the lack of probable cause in the search warrant affidavit

QUESTION PRESENTED FOR REVIEW Petitioner, BOBBY JOE Rosa, was charged with being a felon in possession of a firearm after the Government executed a search warrant at his purported home. After indictment, Mr. Rosa’s attorney filed a motion to suppress the evidence seized pursuant to the warrant. The District Court denied the motion to Suppress even though it was based only on the affiant’s general working knowledge of gang activities and a source of information who believed that Mr. Rosa had engaged in gang related activities in the past. The affidavit contained no evidence that the source information was reliable or credible. Moreover, even if true, these facts do not support a reasonable good faith belief that a search of what may or may not have been Mr. Rosa’s home would uncover evidence that he was engaged in gang related criminal activity at the time the warrant issued. Further, the Government proffered a theory for why the warrant was required which was not in the affidavit presented to the Magistrate and additionally admitted that the number of confidential informants had been misrepresented. Under the totality of the circumstances, the warrant never should have issued and the evidence seized should have been suppressed. The Fifth Circuit affirmed the District Court based on the good faith exception in a manner which was inconsistent with this Court’s precedent. Respectfully, the decision of the Fifth Circuit decided an important federal question regarding the suppression of evidence in away that conflicts with relevant decisions of this Court governing Mr. Rosa’s constitutional rights under the Fourth, Fifth and Sixth Amendments to the United States Constitution. Mr. Rosa therefore requests that this Honorable Court allow this Petition to proceed for further review. i