Category Archives: Good faith exception

CA7: State court following Davis GFE for pre-Jones GPS hardly unreasonable application of federal law under § 2254(d)

District Court [inexplicably] granted CoA for appeal of Wisconsin planting a GPS device a year before Jones which the state court of appeals held was saved by Davis good faith exception. State v. Oberst, 2014 WI App 58, 354 Wis. … Continue reading

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TN: TN SCt has to adopt Herring under exclusionary rule; Ct.Crim.App. can’t

Despite the Tennessee Supreme Court’s recent changes in exclusionary rule jurisprudence, the court has not yet adopted Herring on good faith reliance on an out of date list. This court will not do it–that court has to. State v. McElrath, … Continue reading

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TN: Blood draw without consent was valid at the time it happened; therefore valid

Obtaining defendant’s blood draw without consent was a practice authorized by binding appellate precedent at the time it occurred. Therefore, the denial of defendant’s motion to suppress was appropriate because the officer was acting under a good faith belief that … Continue reading

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MO: Systemic negligence in officer’s preparation of SW affidavits showed GFE couldn’t be relied upon

On remand from State v. Robinson, 454 S.W.3d 428 (Mo. App. 2015), the only evidence in the record showed that the officer who prepared the affidavit was systemically negligent in the preparation of search warrant affidavits, and that precludes application … Continue reading

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S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

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N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

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AR: Officer’s three week old knowledge of def’s suspended DL was RS for a stop

Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). There was enough probable cause … Continue reading

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D.Minn. USMJ finds Playpen warrant constitutionally defective and no GFE

“Accordingly, the NIT warrant is void ab initio. Without an identifiable warrant exception (the Government offers none and the Court is aware of none) the Court concludes that the NIT warrant’s violation of Rule 41(b) and 28 U.S.C. § 636(a) … Continue reading

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D.Minn.: Complete failure of showing nexus fails PC and GFE

The affidavit for the search warrant completely failed to show nexus to defendant’s house and drugs. Complete lack of nexus does not support the good faith exception either. United States v. Rios-Uscanga, 2017 U.S. Dist. LEXIS 68991 (D.Minn. March 13, … Continue reading

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E.D.N.Y.: 791 days of GPS tracking of a parolee suppressed

Back on December 29th was this post: E.D.N.Y.: 791 days of GPS tracking of a parolee to catch others in a DTO was [somehow] not unreasonable. On review, Judge Weinstein finds that intense tracking violated the Fourth Amendment and there … Continue reading

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