Category Archives: Good faith exception

E.D.Va.: While def’s Navy commander in CA couldn’t authorize military search on a base in VA, GFE applies

Defendant was in the Navy, and, due to a potential rape allegation against him, a pretext text message was sent to him by NCIS on behalf of the alleged victim. Defendant was stationed in San Diego, but he was in … Continue reading

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CA8: (1) In drug conspiracy case, the govt overcame staleness because of ongoing crime; (2) Issuance of SW in D.Neb. by non-cross designated USMJ in N.D.Iowa was subject to GFE

First, the search warrant in this drug conspiracy case wasn’t stale, although a long time had elasped during and between the times recorded in the affidavit of things that happened. While the evidence wasn’t strong, the deference accorded the issuing … Continue reading

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D.Minn.: PC for SW doesn’t even need to be decided if the GFE would apply

Probable cause doesn’t even need to be decided if the good faith exception would apply. “Even assuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to … Continue reading

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C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

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CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. … Continue reading

Posted in Computer searches, F.R.Crim.P. 41, Good faith exception | Comments Off

IL sustains arrest for firearm where statute authorizing arrest was later declared unconstitutional

Defendant was stopped under a statute later declared unconstitutional. Distinguishing prior authorities applying state law, the court holds that the “void ab initio” doctrine does not apply here, and the arrest, valid at the time, did not require suppression of … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Good faith exception | Comments Off

CA10 assumes Playpen warrant violated Rule 41 and upholds it solely on GFE

Assuming that Playpen search warrant for child pornography in this case issued in the Eastern District of Virginia was unlawful, the good faith exception would still apply to them. There was no reason the officers would not rely on them … Continue reading

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FL declines to to apply Davis GFE where cell phone search issue was being actively litigated all over

Where everybody knew that the law wasn’t settled at the time of the search of defendant’s cell phone before Riley because the issue was being litigated everywhere and in this state, the state doesn’t get the benefit of the Davis … Continue reading

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PA can’t decide (tie vote) whether GFE permits use of product of a search where the underlying probable cause proves completely false

The Pennsylvania Supreme Court affirms on an equally divided vote whether suppression is required under the state constitution where the officer relied in good faith on an affidavit that turned out to be completely wrong. The opinion supporting affirmance notes … Continue reading

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CA7: State court following Davis GFE for pre-Jones GPS hardly unreasonable application of federal law under § 2254(d)

District Court [inexplicably] granted CoA for appeal of Wisconsin planting a GPS device a year before Jones which the state court of appeals held was saved by Davis good faith exception. State v. Oberst, 2014 WI App 58, 354 Wis. … Continue reading

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