Background
Miguel Rosario was convicted by a jury for drug offenses resulting in the death of Nicholas Correa and for accepting firearms as payment for drugs. The conviction relied on evidence seized via a search warrant for Rosario’s Facebook communications. Rosario challenged the warrant’s validity under the Fourth Amendment and the sufficiency of the evidence, while also contesting the mandatory life sentence imposed under federal statute.
The court’s reasoning
The court applied the good faith exception to the exclusionary rule and found no clear error in the district court’s determination that the affiant did not act with reckless disregard for the truth. The court held that the medium of communication did not vitiate the probable cause finding. However, the court vacated the sentence, indicating a need for resentencing.
For the following reasons, we will affirm Rosario’s convictions. However, we will vacate his sentence and remand to the District Court for resentencing.
What it means going forward
Defendants challenging search warrants based on minor affidavit discrepancies face a high bar to prove reckless disregard, but mandatory minimum sentences may still be subject to appellate review and remand.