Category Archives: Good faith exception

AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

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W.D.N.Y.: No PC for arrest or SW; GFE hearing wasn’t concluded, and it shall now

The defendant’s arrest on this thin claim from an unproven and unreliable CI was without probable cause, and the search of his person is suppressed. The search warrant was also issued without probable cause, but the part of the hearing … Continue reading

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DE: Slim inference for nexus wasn’t enough, and exclusionary rule applies

The affidavit for the search warrant creates only a slim inference at best, and no facts at all, showing a nexus to the place to be searched and the fraud crime under investigation. Therefore, the search warrant lacks probable cause … Continue reading

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N.D.Ga.: Even if SW was not particular enough, it wasn’t so defective or obvious that the GFE should not apply

Even if the search warrant for defendant’s cell phone was overbroad, which isn’t even decided, it was not so overbroad that the good faith exception to the exclusionary should be applied. United States v. Obie, 2019 U.S. Dist. LEXIS 216350 … Continue reading

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D.V.I.: GFE applies to searches before the court held U.S. to V.I. packages weren’t border searches

Applying its prior Baxter case, the District of the Virgin Islands holds that the border search exception doesn’t apply to mail and packages shipped from the Continental U.S. The searches here, however, predated Baxter, so the good faith exception applies. … Continue reading

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N.D.Ga.: False positives by drug dog don’t necessarily undermine PC for SW; GFE can still apply

The fact a drug dog has alleged false positives (i.e., hits on things but no drugs found) does not mean that a dog alert that led to a search warrant still cannot be relied upon in good faith. United States … Continue reading

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N.D.Iowa: Govt overcame presumptively unreasonable search finding a bullet hole to validate SW for premises

Defendant showed that filing his motion to suppress nearly a year late under the motions deadline was with good cause because of continuances of the trial and changes in counsel. A bullet hole in a hallway wall was discovered by … Continue reading

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N.D.Iowa: Pre-warrant thought process of police relevant to GFE

The good faith exception saved this apparent warrantless search that led to a search warrant. The government gets to explore the officer’s thought process leading to the warrant after an apparent warrantless search led to discovery of a bullet hole … Continue reading

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E.D.Wis.: Cert grant alone in Carpenter didn’t nullify GFE as to CSLI

The fact that SCOTUS had granted cert in Carpenter when the CSLI was obtained under a § 2703 order and not a search warrant doesn’t make government reliance on existing precedent unreasonable or show a lack good faith. United States … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on E.D.Wis.: Cert grant alone in Carpenter didn’t nullify GFE as to CSLI

IN: Def’s raising GFE for first time in reply brief is waiver

It’s defendant’s burden in challenging a search warrant to raise both the defects in the warrant (such as a lack of probable cause) and inapplicability of the good faith exception. Raising the good faith exception in his reply brief is … Continue reading

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D.Guam: 4A standing is not jurisdictional, so the court can go to GFE without deciding PC

Standing to contest a search and seizure issue is not jurisdictional, so the court doesn’t have to decide standing. Going to the merits, there was probable cause for the search warrant for the package arriving by mail, and the delay … Continue reading

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CA6: SW’s PC doesn’t even have to be decided if affidavit falls within “heartland” of GFE

The affidavit for this search warrant could have been more detailed, but it doesn’t necessarily show it to be weak. Nevertheless, the court doesn’t even have to decide probable cause because this case falls within the “heartland” of the good … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on CA6: SW’s PC doesn’t even have to be decided if affidavit falls within “heartland” of GFE