Category Archives: Good faith exception

NY: SW for premises did not include vehicle parked there for which separate PC wasn’t shown

Defendant was long under surveillance for drug deals, and a search warrant was obtained for his person and premises. It did not include his vehicles. The search authorization did not encompass his vehicle on the premises outside the house, and … Continue reading

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OK Indian territory, McGirt v. Oklahoma, and the GFE

For a century, state officers investigated offenses on land that McGirt v. Oklahoma found were actually Indian lands. The good faith exception applies. The officer couldn’t have been expected to know that SCOTUS would finally hold as it did, and … Continue reading

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GA: CSLI lawfully obtained in 2013 was subject to GFE

The acquisition of defendant’s CSLI in 2013 followed law at the time and was reasonable, and the good faith exception applied. Carpenter came four years after the trial. Lofton v. State, 2021 Ga. LEXIS 28 (Feb. 15, 2021). The officers … Continue reading

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D.D.C.: Failure to timely make return of papers under Rule 41 not a 4A violation

Failure to make the return of the warrant to the clerk along with the inventory in violation of Rule 41 requires more than just negligence in failing to do it on time. Where’s the prejudice? The court will not speculate … Continue reading

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CA10: Failure to specify CI’s criminal history didn’t make affidavit “bare bones” or justify a Franks hearing

Defendant was suspected of thefts of equipment from oil fields. An Oklahoma state investigator applied for a GPS warrant for defendant’s vehicle. The warrant was issued on probable cause with nexus, and the good faith exception applies. “Smith argues on … Continue reading

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FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

A search warrant was issued for drugs and firearms, and the CI was a “disgruntled” ex-girlfriend. The issuing judge heard the motion to suppress and decided that her disgruntledness required corroboration, and, on second thought, she wouldn’t have issued the … Continue reading

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TX3: Even if revenge porn statute was unconstitutional, that doesn’t nullify a SW issued for it

Defendant was indicted for a revenge porn threat. A search warrant was obtained for his phone to prove he had the picture in the threat. He argued the search warrant was void because the revenge porn statute was unconstitutional. Whether … Continue reading

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CA11: GFE applies even if no PC, which was “hotly contested”

The good faith exception supports this search warrant, even if there wasn’t probable cause after a trash pull, an issue not decided. The existence of probable cause was “hotly contested.” United States v. Morales, 2021 U.S. App. LEXIS 3260 (11th … Continue reading

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CA6: SW for CP was completely lacking and GFE didn’t apply; no basis at all to search cell phone

A state search warrant was issued for alleged child porn on defendant’s computer and cell phone, and the district court suppressed for a clear lack of probable cause. The computer search required too many inferences to make probable cause. The … Continue reading

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S.D.Tex.: Where no GFE on first suppression inquiry, no PC here either

This was “not a real good warrant.” This court evaluates good faith first, probable cause second. [As you will see, the nature of that inquiry sets up the second answer. If the good faith exception applies, PC is close enough; … Continue reading

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E.D.N.C.: PC was shown, but not nexus, and GFE does not apply

The affidavit showed probable cause, but it completely failed to show nexus to defendant’s place. It was so deficient in the showing of nexus that the good faith exception cannot apply. United States v. King, 2021 U.S. Dist. LEXIS 18956 … Continue reading

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OH12: GFE applies to precedent decided day before search where nobody knew of the case

The day before defendant’s parole search, the state supreme court put the legality of his parole status in doubt. Nobody involved even knew about the case. The court agrees that the good faith exception applies to the search because there … Continue reading

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E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

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CA1: Defense must argue cost v. benefits of exclusionary rule or issue is likely waived

When invoking the exclusionary rule, the defendant necessarily has to show that the deterrence value of exclusion outweighs the costs of exclusion. United States v. Cruz-Ramos, 2021 U.S. App. LEXIS 2284 (1st Cir. Jan. 27, 2021), n. 9:

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Pre-Carpenter CSLI was in good faith

The CSLI order here pre-dated Carpenter, and it was based on probable cause. Since Carpenter wasn’t retroactive, the motion to suppress is denied. United States v. Stamat, 2021 U.S. Dist. LEXIS 14268 (D.Minn. Jan. 26, 2021).* Defendant’s CSLI was obtained … Continue reading

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CA4: When lower court decides both PC and GFE, on appeal either one can be decided

When the district court decides both probable cause for issuance of the warrant and the good faith exception applies, the court of appeals need only decide one; here good faith. “Because our review of the record demonstrates that the affidavit … Continue reading

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