Category Archives: Good faith exception

CA2: On GVR after Carpenter, Second Circuit also holds GFE applies to 2011 SCA order

Defendant’s CSLI case was GVR’d by SCOTUS after Carpenter. His SCA order was issued in 2011. “Prior to Carpenter, all six courts of appeal to have considered the question had held that the government acquisition of electronic data from third … Continue reading

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CA6: Dist.Ct. erroneously suppressed over two kgs of heroin; the affidavit for SW showed a reasonable inference drugs would be found at home and GFE applied

The district court suppressed over two kilos of heroin finding that the affidavit for search warrant didn’t show probable cause and nexus to the defendant’s house. The Sixth Circuit reversed on both the probable cause and nexus issue and it … Continue reading

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WI: No REP in a computer left running online P2P

Wisconsin follows the uniform rule from all other courts and holds that there is no reasonable expectation of privacy in computer files available on eDonkey P2P network under either the Fourth Amendment or the state constitution. State v. Baric, 2018 … Continue reading

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NE: Reliance on pre-Birchfield law meant GFE applied

The officer’s objective reliance on pre-Birchfield law meant the good faith exception applied. State v. Nielsen, 301 Neb. 88, 2018 Neb. LEXIS 158 (Sep 15, 2018). Pre-Carpenter CSLI by SCA order without probable cause was the law prior to Carpenter, … Continue reading

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IL: Unambiguous traffic statute wasn’t subject to Heien good faith mistake argument

The traffic statute defendant was alleged to have violated was unambiguous, and the court finds defendant didn’t violate it. Therefore, there can be no reasonable good faith reliance on the statute to salvage the stop. People v. Walker, 2018 IL … Continue reading

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CA4: Pre-Carpenter gathering of CSLI subject to GFE

Pre-Carpenter gathering of CSLI subject to good faith exception. United States v. Christian, 2018 U.S. App. LEXIS 25580 (4th Cir. Sep. 10, 2018). Defendant didn’t object to the R&R recommending denial of his search claim, and the R&R is adopted. … Continue reading

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E.D.Pa.: Pre-Carpenter obtaining CSLI under SCA was valid under GFE

CSLI obtained in January 2017 via the Stored Communications Act were admissible after Carpenter via the good faith exception. United States v. Pleasant, 2018 U.S. Dist. LEXIS 150406 (E.D. Pa. Sep. 5, 2018).* Defendant argued that the affidavit for the … Continue reading

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N.D.Ill.: Shots fired 911 call and citizen report led to car; protective sweep of back seat was permissible

Chicago police officers received a man on the street report (treated as anonymous but reliable) that shots were just fired from a particular vehicle. There were also 911 calls about the shots. The vehicle was shortly seen, and that was … Continue reading

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W.D.Ky.: Facially valid arrest warrant not undermined by def’s claim he had an alibi for crime

Defendant argues that the execution of the arrest warrant on him in his own house was invalid because he had an alibi for the time of the crime. That’s not up to the executing officers. The warrant was facially valid. … Continue reading

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CA4: Where CI only provided info for SW, he wasn’t a material witness for trial so no reason for disclosure shown

Defendant didn’t make a showing to get the CI’s identity under Roviaro. The CI was merely the source of information to get the search warrant and he wouldn’t be a witness at trial. There wasn’t even a sufficient showing to … Continue reading

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W.D.N.C.: Davis GFE applied to GVR after Byrd, as happened in Byrd

Defendant’s case was GVR’d after Byrd. On remand, the court finds that the government’s good faith reliance on prior precedent makes this search valid, and the court notes that the same thing happened to Byrd on remand. United States v. … Continue reading

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D.Mass.: Complete failure of PC denied govt GFE

The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the … Continue reading

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