Category Archives: Good faith exception

E.D.Wis.: The affidavit lacked PC and didn’t connect def’s van to the crime, but the GFE applies anyway

The affidavit lacked probable cause and didn’t connect defendant’s van to the crime. Yet, it wasn’t so bad that the good faith exception couldn’t apply. [Seems like it should not have applied.] United States v. Burgess, 2019 U.S. Dist. LEXIS … Continue reading

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CA6: Ptf stated a 4A claim and overcame QI for the officer’s allegedly manufacturing case against him

Plaintiff produced enough evidence to show defendant officer falsified the case against him and overcame qualified immunity. The prosecutor dropped the criminal case when it was apparent it was bogus, and then plaintiff sued. Parnell v. City of Detroit, 2019 … Continue reading

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E.D.Mich.: Affidavit for SW was “bare bones” so no GFE; Brandeis quoted

The affidavit for the search warrant for defendant’s home proved to be “bare bones” and showed no probable cause or nexus to crime whatsoever. Accordingly, the good faith exception doesn’t even apply. The court cites Brandeis’s 1928 Olmstead dissent. United … Continue reading

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E.D.Va.: While the “four corners” rule is the standard for evaluating probable cause, the court may go outside the four corners in applying GFE

While the “four corners” rule is the standard for evaluating probable cause, the court may go outside the four corners in applying the good faith exception. Here, the officer had additional information he didn’t include because he’d reasonably thought he’d … Continue reading

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W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

Defendant retained new counsel and moved to reopen his suppression hearing alleging former counsel was ineffective for not raising a better argument. The motion is denied because this claim doesn’t satisfy the standard for reopening. The issue was available and … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, GPS / Tracking Data, Suppression hearings | Comments Off on W.D.Pa.: Retaining new counsel and attempting to reopen suppression hearing under guise of IAC claim rejected

CA9: Even if state tracking warrant was limited to state, GFE applies

Assuming without deciding that a state tracking warrant couldn’t be tracked outside the state, the exclusionary rule would not be applied because the officers were all clearly operating in good faith. Moreover, defendant’s committing yet another bank robbery while he … Continue reading

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OH10: 1st time CI’s admission of own crimes aided his credibility

First time CI’s admission of own criminal involvement bolstered his credibility for use in probable cause. State v. Mendoza, 2019-Ohio-3382, 2019 Ohio App. LEXIS 3457 (10th Dist. Aug. 22, 2019). There was probable cause for issuance of the search warrant. … Continue reading

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CA6: District Court’s limited record prevents finding cell phone search was reasonable or inevitable discovery or GFE applied

Defendant was found passed out in a car. Defendant’s cell phone was seized as evidence, apparently of how he almost OD’d. An accidental glimpse at defendant’s phone revealed a thumbnail of potential child pornography. The district court applied the wrong … Continue reading

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SD: Def wasn’t stopped by the officer when he encountered car based on anonymous call

Police received an anonymous call that a particular van was DUI. An officer found the van parked at a gas station, parked far enough away that defendant could back out, and he walked up and asked how defendant was doing, … Continue reading

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D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one

The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading

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CA9: Order suppressing laptop search for lack of PC and delay reversed; not wholely lacking in PC and delay was not unreasonable or culpable

The order suppressing a laptop search is reversed. The computer was seized under a state search warrant but searched under a federal warrant. Even if probable cause was lacking for the issuance of the search warrant, it was close enough … Continue reading

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CA2: Govt doesn’t get GFE in forfeiture search and seizure for overbreadth and particularity problem it created

In a forfeiture case initiated with a search warrant, defects in the warrant process denied the government resort to the good faith exception for failure to apprise all the officers what they were looking for and not attaching exhibits to … Continue reading

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