United States Court of Appeals
for the Fifth Circuit
No. 19-10842
United States of America,
Plaintiff—Appellee,
versus
Brian Matthew Morton,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-17-1
Before Jolly, Southwick, and Wilson, Circuit Judges.
E. Grady Jolly, Circuit Judge:
In this appeal, we are asked to determine whether the good faith exception to the Fourth Amendment’s exclusionary rule allows officers to search the photographs on a defendant’s cellphones for evidence of drug possession, when the affidavits supporting the search warrants were based only on evidence of personal drug possession and an officer’s generalized allegations about the behavior of drug traffickers—not drug users. We hold that the officers’ affidavits do not provide probable cause to search the photographs stored on the defendant’s cellphones; and further, we hold that the good faith exception does not apply because the officers’ reliance on the
