Category Archives: Good faith exception

M.D.Pa.: Exigency permitted warrantless CSLI pings

Only the owner of a cell phone has standing to challenge tracking the phone with a Stingray. Warrantless pings to locate the phone were shown by the government to be based on exigent circumstances. United States v. Baker, 2021 U.S. … Continue reading

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NE: Time limited call and CSLI records were particular

The misstatements in the affidavit for the warrant here was negligence at worst, and that bars suppression. The affidavit for the warrant for defendant’s phone provided at least a “modicum” of information supporting probable cause. So, even assuming a lack … Continue reading

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FL2: Failure to corroborate or support CI’s story defeats GFE

The complete failure to corroborate the CI’s story was thus a complete lack of probable cause, and the good faith exception did not apply. Chery v. State, 2021 Fla. App. LEXIS 13111 (Fla. 2DCA Sept. 17, 2021):

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CA5: Even a mistaken critical fact to nexus can still be reasonable for GFE

An asserted fact in the search warrant affidavit that was critical to the target of the search and thus the place to be searched proved to be wrong, which the officer revealed when he learned. Still, the search warrant was … Continue reading

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NJ: Officer’s randomly looking up LPNs was not unreasonable

The officer’s randomly looking up LPNs for validity was not an unreasonable search. Defendant’s refusal to answer questions at that point only made it all worse because there was a basis for the stop and questioning. State v. Boston, 2021 … Continue reading

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CA9: Dismissal of indictment for 4A extremely rare remedy; here, district court suppressed

Dismissal of the indictment for violations of the Fourth Amendment are strongly disfavored. Here, the district court suppressed the search, and the government dismissed counts. That’s remedy enough. United States v. Cano, 19-50240 (9th Cir. Aug. 31, 2021). Where the … Continue reading

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OH10: GFE does not apply to warrantless searches

The good faith exception does not apply to warrantless searches. State v. Peeks, 2021-Ohio-3045 (10th Dist. Sept. 2, 2021). The trial court erred in finding the affidavit for search warrant to be bare bones and not entitled to the good … Continue reading

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CA11: RS included talking on phone during stop when repeatedly told to hang up

Defendant’s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to … Continue reading

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CA7: Consulting ADA about SW affidavit shows GF where PC question somewhat close

“An objectively reasonable officer, having consulted with the State’s Attorney in the preparation of the complaint and affidavit accompanying the application for the warrant, could have relied in good faith on the search warrant that he obtained from a judge. … Continue reading

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CA8: 38 seconds of additional questions of passenger while ticket being written didn’t unreasonably extend stop

The second officer on the scene did not materially extend the stop by 38 seconds of additional questioning of the passenger while the first officer was writing a ticket. United States v. Salkil, 2021 U.S. App. LEXIS 25511 (8th Cir. … Continue reading

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CA8: Some evidence of nexus saves SW under GFE

Under the good faith exception, executing officers are entitled to rely on the magistrate judge’s nexus finding with some actual basis they can reasonably rely on, even if it technically might have been wrong. United States v. Barnes, 2021 U.S. … Continue reading

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W.D.N.Y.: Govt’s failure to raise GFE before USMJ is waiver

Government waived the good faith exception by not raising it before the USMJ. United States v. Stearns, 2021 U.S. Dist. LEXIS 154919 (W.D.N.Y. Aug. 17, 2021). The trial court didn’t make sufficient findings on whether a handgun in plain view … Continue reading

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CAAF: When PC for warrant was a close call, GFE applies

The question of probable cause for defendant’s UA was a close call. Therefore, the good faith exception applies. The officers essentially did everything right and that should be rewarded, and there’s no reason to reverse the finding of probable cause … Continue reading

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CA7: GFE inquiry seems to include merits of PC, even when court doesn’t have to go there

The district court decided this case solely on the good faith exception and never reached probable cause. So does the court of appeals. The affidavit had a presumption of validity, which defendant recognizes, and it was not bare bones. The … Continue reading

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N.D.Okla.: Motion to suppress must allege basis to overcome GFE, too

Defendant’s motion to suppress must show a fact dispute to get a hearing, including on application of the good faith exception. United States v. Bailey, 2021 U.S. Dist. LEXIS 138557 (N.D.Okla. July 26, 2021):

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CA6: DEA can get state SWs and assist in state investigations, then go federal

DEA officers can get search warrants in federal investigations from state judges for state law violations aiding state officers. That doesn’t violate the Fourth Amendment or Rule 41. And, there is also the good faith exception. United States v. Williams, … Continue reading

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CA8: SW for CP didn’t include “cell phone” in “electronic devices,” but GFE covers it

The search warrant here was for electronic devices that could hold child pornography, and it failed to specifically mention defendant’s cell phone. The good faith exception, however, overcame this omission of particularity. United States v. Pospisil, 2021 U.S. App. LEXIS … Continue reading

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CA7: Officers complied with law in getting CSLI by exigency; Carpenter came two months after trial

Defendant was the subject of exigency based efforts to get his CSLI because he was actively being pursued as involved in a 2013 burglary investigation scoring 25 firearms. The CSLI request complied with the law at the time. Carpenter was … Continue reading

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D.P.R.: Passing reference to a 4A violation in motion to suppress doesn’t preserve it

Passing reference to a Fourth Amendment violation isn’t enough to preserve the issue. United States v. Polaco-Hance, 2021 U.S. Dist. LEXIS 132937 (D.P.R. July 16, 2021). There was probable cause for the search of defendant’s car under the warrant. A … Continue reading

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D.Ariz.: 4A IAC claim fails for failing to show how outcome would change and because 4A wasn’t violated

“Movant argues that the warrantless search and seizure of the victim’s blood-stained clothing violated his Fourth Amendment rights and that his trial counsel’s failure to challenge the search and seizure was ineffective assistance because ‘there exists more than a reasonable … Continue reading

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