United States v. Donald Ray Scott, 260 F.3d 512 (6th Cir. 2001). · Go Syfert
United States v. Donald Ray Scott, 260 F.3d 512 (6th Cir. 2001). Cases Citing This Book View Copy Cite
121 citation events (121 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. Jeremy Duval (ca6, 2014-02-07)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case, and citations using reconsideration language. This is a warning signal, not a treatment change. The flag color above is unaffected.
Reconsideration language James F. Radke v. Monroe Cnty., Mich. (2021)
“As we recognized in Master, 641 F.3d at 243, Scott’s statement that the good-faith exception to the exclusionary rule does not apply where a warrant is void for this reason, see Scott, 260 F.3d at 516 , is no longer viable in light of subsequent Supreme Court decisions addressing the good-faith exception.”
Reconsideration language United States v. Workman (2017)
“United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), The court later held that this approach was no longer viable after Herring.”
Concurrence State v. Hess (2010)
“Mich. 2002) (citing United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)). ¶ 74.”
Dissent United States v. Franklin (2008)
“In United States v. Scott, 260 F.3d 512 (6th Cir.2001), this Court considered whether the Fourth Amendment is violated when a warrant is issued by a person acting without lawful authority.”
Concurrence Bosteder v. City of Renton (2005)
“Federal courts applying the Fourth Amendment have made this point clear: “[W]hen a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.” United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001). ¶67 Since there is no general power to issue warrants, that authority must be derived from some positive source, either a…”
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Jeremy Duval
6th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.
discussed Cited as authority (verbatim quote) State v. Dulaney
Ohio Ct. App. · 2013 · signal: accord · quote attribution · 1 verbatim quote · confidence high
we therefore hold that when a warrant is signed by someone who lacked the legal authority necessary to issue search warrants, the warrant is void ab initio.
cited Cited as authority (rule) Burley v. Sumner County 18th Judicial Drug Task Force
M.D. Tenn. · 2022 · confidence medium
United States v. Master, 614 F.3d 236, 239 (6th Cir. 2010) (quoting United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)).
discussed Cited as authority (rule) James F. Radke v. Monroe Cnty., Mich.
6th Cir. · 2021 · confidence medium
In addition, however, the magistrate must have authority to issue the warrant under state law; “when a warrant is signed by someone who lacks legal authority necessary to issue search warrants, the warrant is void ab initio.” United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)6; accord United States v. Duval, 742 F.3d 246, 254 (6th Cir. 2014); United States v. Beals, 698 F.3d 248, 265 (6th Cir. 2012); United States v. Master, 614 F.3d 236, 241 (6th Cir. 2010).
discussed Cited as authority (rule) United States v. Gifty Kusi
6th Cir. · 2021 · confidence medium
See United States v. Master, 614 F.3d 236, 239 (6th Cir. 2010) (holding a warrant to be invalid when issued by a state judge who did not preside in the county where the property to be searched was located); United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001) (holding a warrant to be invalid when issued by a retired state judge lacking the legal authority necessary to issue search warrants).
cited Cited as authority (rule) United States v. Russell Davis
6th Cir. · 2020 · confidence medium
Master, 614 F.3d at 239–41; United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2010); cf. United States v. Krueger, 809 F.3d 1109 , 1123–24 (10th Cir. 2015) (Gorsuch, J., concurring).
discussed Cited as authority (rule) United States v. Dennis Ammons
6th Cir. · 2020 · confidence medium
In his reply brief, Ammons asks us to disregard Moorehead and rely instead on our earlier decision in United States v. Scott, which held that the good-faith exception does not apply “whe[n] a warrant is issued by a person lacking the requisite legal authority.” 260 F.3d 512, 515 (6th Cir. 2001).
discussed Cited as authority (rule) United States v. Andrew Moorehead
6th Cir. · 2019 · confidence medium
In doing so, we rejected a broad interpretation of our decision in United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001) where we held that the good-faith exception did not apply to a warrant signed by a person lacking the requisite legal authority.
discussed Cited as authority (rule) United States v. Gabriel Werdene
3rd Cir. · 2018 · confidence medium
The NIT warrant was therefore void ab initio because it violated § 636(a)’s jurisdictional limitations and was not authorized by any positive law.8 See United States v. Master, 614 F.3d 236, 239 (6th Cir. 2010) (“[W]hen a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.” (quoting United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)); see also Horton, 863 F.3d at 1049 (“[T]he NIT warrant was void ab initio . . . .”); United States v. Baker, 894 F.2d 1144, 1147 (10th the home.”).
cited Cited as authority (rule) State of Tennessee v. Charlotte Lynn Frazier and Andrea Parks
Tenn. Crim. App. · 2017 · confidence medium
Master, 614 F.3d at 239 (quoting United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)); see, e.g., Krueger, 809 F.3d at 1124 and n.5 (Gorsuch, J. concurring) (citing cases).
cited Cited as authority (rule) United States v. Workman
10th Cir. · 2017 · confidence medium
United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), The court later held that this approach was no longer viable after Herring.
discussed Cited as authority (rule) United States v. Austin
M.D. Tenn. · 2017 · confidence medium
In reaching its decision, the court declined to follow the approach taken in United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), which held that a warrant signed by someone who lacks legal authority is “void ab initio, ” resulting in automatic suppression without regard to the good faith exception to suppression set forth in United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984).
cited Cited as authority (rule) United States v. Jones
S.D. Ohio · 2017 · confidence medium
Id. at 241-42 (citing United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)).
cited Cited as authority (rule) United States v. Sullivan
N.D. Ohio · 2017 · confidence medium
Id. at 241-42 (citing United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001)).
discussed Cited as authority (rule) United States v. Allain
D. Mass. · 2016 · confidence medium
In United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), for instance, the issuing judge was retired and therefore “possessed no legal authority pursuant to which he could issue a[ny] valid warrant.” 9 In United States v. Krueger, 809 F.3d 1109, 1116-17 (10th Cir. 2015), the warrant “clearly violate[d]” Rule 41(b)(1) and constituted “gross negligence,” where a federal magistrate judge in the District of Kansas issued a warrant for property already located in Oklahoma.
discussed Cited as authority (rule) United States v. Levin
D. Mass. · 2016 · signal: cf. · confidence medium
But this distinction is meaningful: the former involves “judicial error,” such as “misjudging the sufficiency of the evidence or the warrant application’s fulfillment of the statutory requirements!;,]” while the latter involves “judicial authority,”1 i.e., a judge “act[ing] outside of the law, outside of the authority granted to judges in the first place.” State v. Hess, 320 Wis.2d 600 , 770 N.W.2d 769, 776 (Ct.App.Wis.2009) (emphasis added); cf. Scott, 260 F.3d at 515 (“Leon presupposed that the warrant was issued by a magistrate or judge clothed in the proper legal author…
discussed Cited as authority (rule) United States v. Jeremy Duval
6th Cir. · 2014 · confidence medium
Under Rule 41(b)(1), “a magistrate judge with authority in the district — or if none is reasonably available, a judge of a state court of record in the district — has authority to issue a warrant to search for and seize a person or property located within the district.” The Duvals argue that the warrant is void because Deputy Glick— who was detailed to a federal agency while investigating the Duvals — applied to a state magistrate for the warrant without any showing that a federal magistrate judge was not “reasonably available.” See United States v. Scott, 260 F.3d 512, 515 (6t…
discussed Cited as authority (rule) United States v. Master
6th Cir. · 2010 · confidence medium
As we recognized in United States v. Scott, 260 F.3d 512, 515 (6th Cir.2001), “when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.” Here, it is undisputed that Judge *240 Faris did not have the authority under Tennessee law to authorize the warrant for a search of Defendant’s property in Coffee County.
discussed Cited as authority (rule) Gourley v. Commonwealth
Ky. Ct. App. · 2010 · confidence medium
The Gourleys observe that “when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio:’ U.S. v. Scott, 260 F.3d 512, 515 (6th Cir.2001).
examined Cited as authority (rule) State v. Hess (8×)
Wis. · 2010 · confidence medium
Id., ¶ 22. ¶ 17 The court declared that the purpose of the good-faith exception is not simply to deter police misconduct, id., ¶ 23, but also to preserve judicial integrity, meaning that courts must ensure "that our judicial process does not sanction, approve and be party to constitutional violations," id., ¶ 25. *574 Finally, the court examined cases in several different jurisdictions to conclude that "the good faith exception does not apply when a judge acts outside the law by issuing a warrant he or she had no authority whatsoever to issue." Id., ¶ 26; United States v. Scott, 260 F.3d …
discussed Cited as authority (rule) State v. Hess
Wis. Ct. App. · 2009 · confidence medium
In United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), the sixth circuit held that "when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio." A warrant that is void ab initio is one that is void "[f]rom the beginning." Black's Law Dictionaky 5 (8th ed. 2004).
examined Cited as authority (rule) Bosteder v. City of Renton (3×) also: Cited "see"
Wash. · 2005 · confidence medium
In United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001), the United States Court of Appeals for the Sixth Circuit held that “when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.” The Sixth Circuit held that a warrant issued by a retired judge was void and evidence seized pursuant to that warrant must be excluded.
examined Cited as authority (rule) Bosteder v. City of Renton (3×) also: Cited "see"
Wash. · 2005 · confidence medium
In United States v. Scott, 260 F.3d 512, 515 (6th Cir.2001), the United States Court of Appeals for the Sixth Circuit held that "when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio. " The Sixth Circuit held that a warrant issued by a retired judge was void and evidence seized pursuant to that warrant must be excluded.
discussed Cited as authority (rule) United States v. David Jeremy Parker Barbara Jean Sutton and Peter Jansen Sutton (2×)
6th Cir. · 2004 · confidence medium
The court reasoned that the Supreme Court, in carving out a good-faith exception in Leon , “presupposed that the warrant was issued by a magistrate or judge clothed in the proper legal authority.” Id. at 515.
discussed Cited as authority (rule) United States v. Albert Vincent Malveaux, A/K/A Vinny the Shark (2×)
6th Cir. · 2003 · confidence medium
In support of his argument that Commissioner Meeks was never authorized to issue the search warrant, Malveaux relies upon United States v. Scott, 260 F.3d 512 *506 (6th Cir.2001).
cited Cited as authority (rule) United States v. Clarence Pennington
6th Cir. · 2003 · confidence medium
Id. at 515.
cited Cited as authority (rule) United States v. Washington
S.D. Ohio · 2003 · confidence medium
United States v. Scott, 260 F.3d 512, 515 (6th Cir.2001).
cited Cited as authority (rule) United States v. Washington
S.D. Ohio · 2003 · confidence medium
United States v. Scott, 260 F.3d 512, 515 (6th Cir.2001).
discussed Cited as authority (rule) United States v. Bailey (2×)
S.D. Ohio · 2002 · confidence medium
The Court of Appeals held that the exception created in *1053 Leon did not apply to a warrant issued by a person lacking in “requisite legal authority.” Id. at 515.
cited Cited "see" United States v. Edward Magruder
D.C. Cir. · 2025 · signal: see · confidence high
See United States v. Scott, 260 F.3d 512, 515 (6th Cir. 2001).
discussed Cited "see" United States v. Steven Horton (2×)
8th Cir. · 2017 · signal: see · confidence high
See id. at 241-43 (overruling in part United States v. Scott, 260 F.3d 512 (6th Cir. 2001)).
discussed Cited "see, e.g." United States v. Pamela Miller (2×)
6th Cir. · 2012 · signal: see also · confidence low
See also United States v. Scott, 260 F.3d 512 , 515 & n. 2 (6th Cir.2001) (search warrant signed by a retired state judge “wholly without legal authority to issue a warrant” under state law was void ab initio), overruled on other grounds by Master, 614 F.3d at 242 ; United States v. Bennett, 170 F.3d 632, 636-37 (6th Cir.1999) (search warrant issued by court clerk authorized by state law to do so was valid under the Fourth Amendment).
discussed Cited "see, e.g." United States v. Pamela Miller
6th Cir. · 2012 · signal: see also · confidence low
See also United States v. Scott, 260 F.3d 512 , 515 & n.2 (6th Cir. 2001) (search warrant signed by a retired state judge “wholly without legal authority to issue a warrant” under state law was void ab initio), overruled on other grounds by Master, 614 F.3d at 242 ; United States v. Bennett, 170 F.3d 632 , 636–37 Nos. 10-5264/5432/5877/6084 United States v. Beals, et al.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Donald Ray SCOTT, Defendant-Appellant
00-5126.
Court of Appeals for the Sixth Circuit.
Jul 24, 2001.
260 F.3d 512
2001 U.S. App. LEXIS 16516
2001 WL 826405
Perry H. Piper, Asst. U.S. Attorney (argued and briefed), Chattanooga, TN, for Plaintiff-Appellee., Howard Upchurch (argued and briefed), Upchurch & Upchurch, Pikeville, TN, for Defendant-Appellant.
Martin, Norris, Quist.
Cited by 54 opinions  |  Published
Pinpoint authority: bottom 53%

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Donald Scott appeals the district court’s denial of his motion to suppress evidence seized pursuant to a search warrant that was issued by a retired judge. The district court found that although the search warrant was improperly issued, the good faith exception to the exclusionary rule applied. We conclude that because the issuing authority in this case had no legal authority to sign the search warrant, the warrant was void ab initio. We therefore reverse the district court.

I.

On April 7, 1999, a police informant notified Sequatchie County Sheriffs Investigator Jackie Shell that he had seen a large quantity of marijuana growing in an outbuilding on Donald Scott’s property. Shell drafted an affidavit and search warrant, and at approximately two or three o’clock in the afternoon, contacted the Honorable L. Thomas Austin, Judge of the General Sessions Court for Sequatchie County, Tennessee. Judge Austin told Shell that he would be at his house or his barn throughout the afternoon, and that Shell should bring the warrant to him there. The record contains an affidavit signed by Judge Austin stating that he was at his home that entire afternoon and evening. After preparing the affidavit, Shell apparently called Judge Austin, but' there was no answer. Shell then attempted to contact the Honorable Curtis Smith, Circuit Judge for the Twelfth Judicial District, but was informed that Judge Smith was out of the county. Two other circuit judges served the twelfth district, but Shell did not contact either one. Shell then called the Honorable Hollis Barker, a retired judge of the General Sessions Court for Sequatchie County. Barker was Judge Austin’s predecessor, having served as general sessions judge for twenty-three years until he resigned in December of 1997 or January of 1998. Although retired, Judge Barker acted as Special Judge for the General Sessions Court when Judge Austin was absent. Since his retirement, Judge Barker had signed warrants for Investigator Shell on three prior occasions — one or two of which were signed in court when Judge Barker was[*514] sitting for Judge Austin. Judge Barker signed the warrant, and Shell executed a search of Scott’s property. In the outbuilding, Shell found four hundred and one marijuana plants, grow lights and chemicals. Scott arrived in the course of this search, and was arrested. The following day, officers searched Scott’s house, where they found fifteen firearms.

After being charged in a four-count indictment, Scott moved to suppress the evidence seized during the search of his property. The district court denied the motion in part, finding that although Judge Barker did not have legal authority to issue a warrant, the exclusionary rule did not apply because Shell acted in objective good faith in securing the warrant. [1] Scott then entered a conditional guilty plea, which reserved his right to challenge the search, to two counts: manufacturing marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B), and forfeiture of property pursuant to 21 U.S.C. §§ 841 and 853. The other two counts were dismissed by the court upon motion by the United States. The district court sentenced Scott to the statutory mandatory minimum of five years imprisonment, and Scott appealed.

II.

We review a district court’s legal conclusions with respect to a motion to suppress de novo. See United States v. Lewis, 231 F.3d 238, 241 (6th Cir.2000). A district court’s findings of fact will be upheld unless clearly erroneous. Id.

Subject to a few exceptions, the exclusionary rule requires the suppression of evidence obtained in violation of the Fourth Amendment. See Illinois v. Krull, 480 U.S. 340, 347, 107 S.Ct. 1160, 94 L.Ed.2d 364 (1987). See also Coolidge v. New Hampshire, 403 U.S. 443, 454-55, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (“the most basic constitutional rule in this area is that ‘searches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment-subject only to a few specifically established and well-delineated exceptions.’ ”) (citations omitted) (emphasis in original). In United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), the Supreme Court carved out a good-faith exception to this general rule, holding that the exclusionary rule does not apply to evidence seized by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate that is subsequently found to be invalid. The focus of the inquiry is “whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate’s authorization.” Id. at 922 n. 23. Thus, the Supreme Court has held that the good faith exception applies when an officer reasonably relies on a judge’s assurances that he would make necessary clerical changes in a warrant, see Massachusetts v. Sheppard, 468 U.S. 981, 990, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984); when an officer conducts a search in reasonable reliance on the constitutionality of a statute subsequently declared unconstitutional, see Krull, 480 U.S. at 349, 107 S.Ct. 1160; and when an officer reasonably relies on information regarding an outstanding arrest warrant later found to be a clerical error of court employees. See Arizona v. Evans, 514 U.S. 1, 14, 115 S.Ct. 1185, 131 L.Ed.2d 34 (1995).

[*515] No circuit has addressed the issue of whether Leon applies when an officer relies on a warrant signed by an individual wholly without legal authority to issue a warrant. The only court that has addressed this scenario is the Supreme Court of Rhode Island. See State v. Nunez, 634 A.2d 1167 (R.I.1993). In that case, the court suppressed evidence seized pursuant to a search warrant issued by a retired judge. Nunez, 634 A.2d at 1170. Nunez was decided under state law, and the decision explicitly declined to consider whether to adopt Leon’s good faith exception. Id. Thus, Nunez offers limited guidance for this case. The court did note that even if it did adopt Leon, “the rule would be inapplicable in this case because, without being signed by a magistrate with either de jure or de facto authority, the search warrant is void ab initio” Id.

Despite the dearth of case law, we are confident that Leon did not contemplate a situation where a warrant is issued by a person lacking the requisite legal authority. Leon presupposed that the warrant was issued by a magistrate or judge clothed in the proper legal authority, defining the issue as whether the exclusionary rule applied to “evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be unsupported by probable cause.” Leon, 468 U.S. at 900, 104 S.Ct. 3405 (emphasis added). Indeed, Leon noted that it left “untouched the probable-cause standard and the various requirements for a valid, warrant.” Id. at 923, 104 S.Ct. 3405. At the core of these various requirements is that the warrant be issued by a neutral and detached judicial officer. See, e.g., Shadwick v. City of Tampa, 407 U.S. 345, 350, 92 S.Ct. 2119, 32 L.Ed.2d 783 (1972). We therefore hold that when a warrant is signed by someone who lacks the legal authority necessary to issue search warrants, the warrant is void ab initio.

In this case, it is uncontested that Sequatchie county is authorized by state law to have only one General Sessions Judge, that Judge Barker had been retired since December of 1997 or January of 1998, that Judge Barker was not holding any judicial office on the day he signed the warrant, and that it was a violation of state law for Judge Barker to issue a warrant. [2] Shell knew that there was only one active judge, and knew that the active judge, Judge Austin, was at his home available to sign the warrant. Shell instead chose to present the warrant to a retired judge. This is not a case where police relied on a warrant that contained a mere technical deficiency. See Sheppard, 468 U.S. at 990-91, 104 S.Ct. 3424. Judge Barker possessed no legal authority pursuant to which he could issue a valid warrant. Under these circumstances; the warrant is void and evidence seized pursuant to it must be excluded.

III.

For the foregoing reasons, we REVERSE the district court’s denial of Scott’s motion to suppress, VACATE his guilty plea and REMAND for further proceedings consistent with this opinion.

1

. The district court granted Scott’s motion as it related to evidence seized during the search of Scott’s residence on the ground that consent was not voluntarily given. This issue is not before us on appeal.

2

. The district court found that Judge Barker was neither a magistrate as defined in Tenn. Code Ann. § 40-5-101 (1994), nor did he have authority as a special general sessions judge under Tenn.Code Ann. § 16-15-209 because under that provision the authority of special judges attaches only when the active general sessions judge is unavailable. Finally, the district court found that Judge Barker was not acting as a de facto judge. The United States did not appeal these findings, and concedes that the warrant was invalid.