Memorandum Opinion

On February 10, 2004, the court entered an order granting Defendant Gray's Motion to Suppress and ordering the exclusion of all evidence obtained through an unlawful search of Mr. Gray's home that occurred on July 3, 2003 [Docket 55]. The court found that the government failed to meet its burden of proving that Mr. Gray knowingly and voluntarily consented to the officers' entry into his home and that the officers' entry therefore constituted an unlawful search. In addition, the court found that the subsequently issued warrant to search Mr. Gray's home was invalid because the warrant was based solely on evidence obtained during the illegal predicate search and that the good faith exception to the exclusionary rule does not apply in this circumstance. The rationale for these rulings is explained below.