Category Archives: Good faith exception

OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

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KS: GFE applies to blood draw before court held it unconstitutional

“Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies and allowed the district court to consider the results of a blood test for blood … Continue reading

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WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or … Continue reading

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CAAF: GFE doesn’t apply to SW wholly without PC

The service member was charged with child pornography offenses. “Appellant moved for an order in limine suppressing all evidence that the Government had found in Appellant’s home pursuant to a command authorization for search and seizure (CASS). The military judge … Continue reading

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TX13: Legibility of issuing magistrate’s signature on SW is subject to GFE

The legibility of the signature of the issuing magistrate for a search warrant is an issue subject to the good faith exception. This court first held the illegibility was reason to suppress, but the Court of Criminal Appeals reversed. State … Continue reading

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M.D.Pa.: Trash pull alone didn’t add up to PC, but GFE applies

The affidavit didn’t have enough information to corroborate the trash pull, but the evidence is apparent that the officer relied on it in good faith. United States v. Ray, 2020 U.S. Dist. LEXIS 207885 (M.D. Pa. Nov. 6, 2020):

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AZ: CSLI order here in 2014 wasn’t a “warrant” but it complies with GFE

Also in a death penalty case, defendant’s CSLI was obtained by court order four years before Carpenter. The court finds that, while it wouldn’t treat the “order” as the functional equivalent of a search warrant [“reasonable grounds” wasn’t probable cause; … Continue reading

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OH10: Anonymous 911 call didn’t support def’s stop

A 911 anonymous tipster’s call wasn’t justification for defendant’s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. … Continue reading

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CA5: GFE question is reasonableness of executing officer’s belief in PC

The district court erred in finding that the search warrant here was bare bones and that the good faith exception did not apply. There was a factual basis from which a reasonable officer would conclude there was probable cause. “But, … Continue reading

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D.S.D.: Failure to bring affidavit for SW to scene of search doesn’t obviate GFE

The affidavit for this search warrant was based on probable cause. “Law enforcement’s failure to bring the affidavit in support of the search warrant to the scene of the search is not fatal to the good-faith exception’s application. … The … Continue reading

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D.Minn.: SW for ion scan of door for presence of drugs was at least subject to GFE

The search warrant here for swabbing defendant’s door for an ion scan to determine presence of drugs didn’t describe what the ion scan would show. The existence of case law from at least 1999 supporting ion scan warrants satisfies good … Continue reading

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D.S.D.: Issuing magistrate shown not to be neutral and detached in issuing SW wholly lacking in PC

A tribal judge was not a neutral and detached magistrate, and the good faith exception did not apply. The application for the search warrant was technically deficient in both form (lacking a prosecutor’s signature) and substance (completely lacking probable cause), … Continue reading

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N.D.Cal.: Officer doesn’t need RS before contacting def with a suspicionless search waiver

Defendant had a suspicionless parole search waiver, and the officer doesn’t even need cause for the encounter. United States v. Jackson, 2020 U.S. Dist. LEXIS 189471 (N.D. Cal. Oct. 13, 2020). The affidavit for the search warrant of defendant’s tax … Continue reading

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S.D.Ohio: Nexus was lacking for def’s cell phone for evidence of rape, but GFE applies

“Unlike the officers in Hodson and Neuhard, however, the officers in this case were not seeking evidence of child pornography. Instead, the Detective’s affidavit sought evidence related to ‘Rape 2907.02, Gross Sexual Imposition 2907.05.’ … A commonsense review of the … Continue reading

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D.Nev.: Officers’ good faith belief def was a wanted person justified stop and frisk

The officers’ reasonable good faith believe defendant was another wanted person justified his stop and frisk. United States v. Galindo, 2020 U.S. Dist. LEXIS 182866 (D. Nev. Aug. 25, 2020):

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CA6: Leon‘s GFE applies to arrest warrants

“And while Leon’s exception to the exclusionary rule arose in the context of a search warrant allegedly lacking probable cause, we think the Court would extend its basic rules to arrest warrants too. Cf. Herring v. United States, 555 U.S. … Continue reading

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