Category Archives: Good faith exception

D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

A DEA administrative subpoena to a doctor’s office was overbroad where it sought all patient records for 41 patients. The doctor’s objection is sustained. The subpoena needs to be narrower in scope to match that of the investigation. United States … Continue reading

Posted in Good faith exception, Probable cause, Subpoenas / Nat'l Security Letters | Comments Off on D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

M.D.Fla.: Positive UA is RS for a search of a probationer’s home

A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022). “To prevail on a Fourth Amendment claim for false arrest, Johnson must establish … Continue reading

Posted in Good faith exception, Probation / Parole search, Reasonable suspicion | Comments Off on M.D.Fla.: Positive UA is RS for a search of a probationer’s home

E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

The “place of residence” for a parole search of an absconder includes a motel room he’s staying in. He also has no standing to challenge a search of a trash can outside the room. United States v. Nichols, 2022 U.S. … Continue reading

Posted in Good faith exception, Probation / Parole search, Protective sweep, Standing | Comments Off on E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

Defendant gets a Franks hearing even if to rebut the government’s claim the good faith exception applies. The affiant officer claimed there was an “overwhelming” smell of marijuana coming from defendant’s house as they approached for a knock-and-talk, which was … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Good faith exception, Issue preclusion, Plain view, feel, smell | Comments Off on N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

D.Minn.: Govt fails on its burden of proving GFE applies; no witnesses called

The search warrant for defendant’s cell phone lacked probable cause for lack of specificity. More importantly, the government failed in its burden of proof to show the good faith exception applies. United States v. Armstrong, 2022 U.S. Dist. LEXIS 207602 … Continue reading

Posted in Burden of proof, Good faith exception | Comments Off on D.Minn.: Govt fails on its burden of proving GFE applies; no witnesses called

N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

A local officer’s arrest of an Indian in Indian country prior to McGirt was with good faith. United States v. Little, 2022 U.S. Dist. LEXIS 192907 (N.D. Okla. Oct. 24, 2022). Drug interdiction officers working the Detroit Greyhound station because … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Reasonable suspicion, Reasonableness | Comments Off on N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

Techdirt: Federal Judge Says FBI Misled Magistrate When Seeking Safe Deposit Warrants, OKs Searches Anyway

Techdirt: Federal Judge Says FBI Misled Magistrate When Seeking Safe Deposit Warrants, OKs Searches Anyway by Tim Cushing (“Unfortunately, the federal court handling this case doesn’t think the FBI’s lie matters, at least not in terms of determining probable cause. … Continue reading

Posted in Franks doctrine, Good faith exception | Comments Off on Techdirt: Federal Judge Says FBI Misled Magistrate When Seeking Safe Deposit Warrants, OKs Searches Anyway

OH: Exclusionary rule does not apply to statutory violations, here a parole search

Defendant signed a consent to parole search form, but the statute says it has to be on reasonable grounds. Here, even if the statute was violated, the exclusionary rule applies to constitutional violations, not statutory ones. State v. Campbell, 2022-Ohio-3626, … Continue reading

Posted in Exclusionary rule, Good faith exception, Ineffective assistance, Probation / Parole search | Comments Off on OH: Exclusionary rule does not apply to statutory violations, here a parole search

CT: Entry onto def’s deck was for community caretaking function

The officer’s entry onto defendant’s deck here was of a community caretaking function to inform defendant that a loved one was going to the hospital. It was like a knock-and-talk. State v. Kuehn, 2022 Conn. Super. LEXIS 2075 (Sep. 13, … Continue reading

Posted in Community caretaking function, Curtilage, Good faith exception, Reasonable suspicion | Comments Off on CT: Entry onto def’s deck was for community caretaking function

D.Mass.: 6 mo. old info in a drug SW application was stale, and no GFE

The information in a drug search warrant was six months old. No reasonable officer would believe it showed probable cause, despite a magistrate signing off on it. It is “so lacking” in its showing that the good faith exception does … Continue reading

Posted in Good faith exception, Particularity | Comments Off on D.Mass.: 6 mo. old info in a drug SW application was stale, and no GFE

PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

Posted in Good faith exception, Particularity, Probable cause | Comments Off on PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

The government flew a helicopter over defendant’s property to photograph a suspected marijuana grow. It could not provide testimony that the helicopter was flown at 1000′ or above in navigable air space. Defendant had a subjected expectation of privacy against … Continue reading

Posted in Good faith exception, Reasonable expectation of privacy, Rule 41(g) / Return of property | Comments Off on D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

CA11: Cell phone search mistakenly without a warrant still saved by GFE

Defendant was convicted of Hobbs Act robbery, and his cell phone was used against him after it was left in the borrowed getaway car. The cell phone was searched mistakenly without a warrant. When the officer discovered he forgot a … Continue reading

Posted in Cell phones, Good faith exception | Comments Off on CA11: Cell phone search mistakenly without a warrant still saved by GFE

CA9: PC determination in underlying criminal case precludes review in later § 1983 case

Plaintiff’s probable cause determination in his underlying criminal case was given preclusive effect in his later § 1983 case. Wilcox v. City of L.A., 2022 U.S. App. LEXIS 24350 (9th Cir. Aug. 29, 2022). Plaintiff overcame qualified immunity. “Under Louisiana … Continue reading

Posted in Cell phones, Good faith exception, Issue preclusion, Standards of review | Comments Off on CA9: PC determination in underlying criminal case precludes review in later § 1983 case

CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

Officers had a search warrant for plaintiff’s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff’s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading

Posted in Admissibility of evidence, Excessive force, Good faith exception, Particularity, Qualified immunity | Comments Off on CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search

The warrant for the entirety of defendant’s Instagram account was not a general search. United States v. Smith, 2022 U.S. Dist. LEXIS 147892 (W.D. Mo. Aug. 18, 2022). Seeing a handgun protruding from defendant’ waistband as he walked down the … Continue reading

Posted in General warrant, Good faith exception, Reasonable suspicion, Social media warrants | Comments Off on W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search

CA8: Pre-Jardines dog sniff at apt door saved by GFE

Pre-Jardines dog sniff at the door of an apartment was valid when it happened, so it is saved by the good faith exception under Davis. United States v. Perez, 2022 U.S. App. LEXIS 22977 (8th Cir. Aug. 18, 2022). “In … Continue reading

Posted in Dog sniff, Good faith exception, Ineffective assistance, Reasonable suspicion | Comments Off on CA8: Pre-Jardines dog sniff at apt door saved by GFE

OH7: Questioning def about drugs on his person extended stop

The traffic stop was delayed, and the public safety exception was not applicable, where the officer asked a compound question, and the questioning only appeared directed at getting an admission by appellant that he had drugs on him and suggesting … Continue reading

Posted in Cell site location information, Good faith exception, Reasonable suspicion | Comments Off on OH7: Questioning def about drugs on his person extended stop

W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022). … Continue reading

Posted in Franks doctrine, Good faith exception, Prison and jail searches, Probable cause | Comments Off on W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

PA: Failure to argue new case law where it came out 3-1/2 months before suppression hearing was waiver

Defendant doesn’t get the application of a case to his decided 3½ months before his suppression hearing where he didn’t argue it. Commonwealth v. Brown, 2022 PA Super 138 (Aug. 10, 2022). CSLI lawfully obtained before Carpenter saved by the … Continue reading

Posted in Good faith exception, Probable cause, Waiver | Comments Off on PA: Failure to argue new case law where it came out 3-1/2 months before suppression hearing was waiver