Leroy Henry Jr. v. United States
FourthAmendment DueProcess CriminalProcedure
Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided
QUESTION PRESENTED Here, the District Court denied Mr. Henry’s motion to suppress the search of his automobile—despite finding that the warrant authorizing that search lacked probable cause—based on the ‘good faith doctrine’ as established in in United States v. Leon, 468 U.S. 897 (1984). The Third Circuit upheld the District Court’s decision despite the fact that this Court’s twenty-year-old binding precedent in Florida v. J.L., 529 U.S. 266 (2000) unequivocally established that corroboration of nonpredictive information only cannot be used to confirm the reliability of an anonymous informant under the less demanding reasonable suspicion standard. The Third Circuit’s decision makes clear that the good faith “exception” has now swallowed the probable cause “rule”, and the Fourth Amendment guarantee that “no Warrants shall issue, but upon probable cause” is largely illusory. The questions presented are: 1. Whether United States v. Leon, 468 U.S. 897 (1984) was wrongly decided; and 2. Whether subsequent decisions of this Court and the lower courts have so expanded the Leon decision as to require this Court’s intervention in order to narrow the Leon exception to its proper constitutional limits.