Western District of Tennessee Magistrate Judge decides that Carpenter does not apply retroactively

In this case, the Defendant had a hearing on a motion to suppress in a robbery and possession of a firearm prosecution in front of a Magistrate Judge. The Judge issued a Report and Recommendation denying the motion to suppress. The Court, without citing any authority itself, simply held that because there was no authority cited to it stating that Carpenter should apply retroactively, Carpenter should not apply.

The Court then also invokes the good faith exception, citing only U.S. v. Leon, without really discussing why Leon applies or citing any Sixth Circuit precedent.

The case is United States v. Henderson, 2019 U.S. Dist. LEXIS 66425 W.D. Tenn. (March 5, 2019).

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