Category Archives: Good faith exception

M.D.Fla.: Scrivener’s error as to property to be seized was cured in context

A scrivener’s error as to alleged vagueness in the property to be searched and seized was cured in context of the documents. United States v. Carter, 2020 U.S. Dist. LEXIS 168543 (M.D. Fla. Sept. 15, 2020). Defendant’s blocking the street … Continue reading

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D.Ariz.: No REP in one’s criminal history from examination

There is no reasonable expectation of privacy in an inmate’s criminal history search that led to a detainer. Brink v. Herron, 2020 U.S. Dist. LEXIS 162680 (D. Ariz. Aug. 7, 2020). Defendant’s application for a successor 2255 based on defense … Continue reading

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DC: Cell phone SW was overbroad and exceeded the PC; no GFE

“We conclude that Mr. Burns has established violations of his rights under both the Fourth and the Sixth Amendments. Police sought search warrants that authorized an unlimited review of the contents of his cell phones for “any evidence” of murder … Continue reading

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MS: Knowingly searching wrong house by choosing to disregard error in SW made Bureau of Narcotics liable

In a case that smacks of the good faith exception causing a search of the wrong house that should never have happened, the Mississippi Bureau of Narcotics knowingly raided the wrong house without knocking and announcing. Trial testimony showed that … Continue reading

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CA11: Questions unrelated to the stop unreasonably extended it, but it complied with law at time, so GFE applies

The officer’s questions here about what was in the car were unnecessary and unreasonably added 25 seconds to the stop. They were, however, before Rodriguez was decided [but what about Caballes?] and complied with the law in effect at the … Continue reading

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D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action

If the officer didn’t have reasonable suspicion defendant was a probation violator, he had something really close to it. Also, nothing about the officer’s investigation was flagrant or in bad faith. United States v. Galliher, 2020 U.S. Dist. LEXIS 140901 … Continue reading

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D.Mass.: Six week delay between PC of one drug possession made SW stale; no GFE here

The six week delay between the probable cause and the issuance of the search warrant for one drug possession was stale, and no reasonable officer could have concluded there was. Therefore, the good faith exception doesn’t apply. United States v. … Continue reading

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OH3: Unsigned SW still entitled to GFE

Even though the search warrant wasn’t signed in violation of the state rule, the good faith exception applies because the issuing judge found probable cause and said he issued the warrant. State v. Harrison, 2020-Ohio-3920, 2020 Ohio App. LEXIS 2821 … Continue reading

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TX1: SW to seize blood sample implicitly means it can be tested, too

A search warrant for a blood sample implicitly includes testing it. Davis v. State, 2020 Tex. App. LEXIS 5990 (Tex. App. – Houston (1st Dist.) July 30, 2020). Probable cause existed for seizure of five years of defendant’s Gmail account. … Continue reading

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S.D.Ohio: Presence of PC moots GFE

The search warrant for storage buildings was issued with probable cause, so the good faith exception is moot. United States v. Payne, 2020 U.S. Dist. LEXIS 131805 (S.D. Ohio July 27, 2020).* Defense counsel wasn’t ineffective for not challenging CSLI … Continue reading

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N.D.W.Va.: GFE applies: “This was no cowboy operation. The agents in this case were extremely careful in the efforts to obtain evidence and to seek multiple warrants.”

There was plenty of probable cause in the 53 page affidavit that recounted all the officers had done and learned in their investigation. “In addition, this Court would again find that the ‘good faith’ exception to the exclusionary rule established … Continue reading

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N.D.Ohio: SW was defective as to second address for no showing of PC, but there really was PC, so GFE applies

Probable cause in a search warrant affidavit as to one address was not probable cause as to another. Yet, there was, in fact, separate unstated probable cause as to the second address. The officers reasonably relied on the search warrant … Continue reading

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E.D.N.Y.: Illustrative list in SW satisfies particularity

Use of an illustrative list helps show particularity of the search warrant. United States v. Messalas, 2020 U.S. Dist. LEXIS 123735 (E.D. N.Y. July 10, 2020). The video of the stop supports justification for the stop. State v. Rivera, 2020 … Continue reading

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WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

“We conclude that the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement. However, we … Continue reading

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CA7: Failure to record supplemental testimony for issuance of SW in state court not 4A violation

An Illinois state judge issued a search warrant on a CI’s allegations of being in defendant’s home. The affidavit was essentially bare bones, but the judge took testimony about the CI and his or her basis of knowledge and maybe … Continue reading

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CA2: Even if SW was issued without PC, GFE clearly applies

“Brennerman challenges the lawfulness of the search warrant of his Las Vegas apartment. Even assuming, for the sake of argument only, that the search warrant was unlawful, we conclude that the good faith exception to the Fourth Amendment’s exclusionary rule … Continue reading

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