Category Archives: Good faith exception

ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

Earlier in the day before the traffic stop, the officer had already run defendant’s LPN. It was reasonable to do it again during the stop, and this did not unconstitutionally lengthen the stop. State v. Tranmer, 2024 Ida. App. LEXIS … Continue reading

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S.D.Ind.: GFE of law at the time of the search meant no IAC

“Counsel did not perform deficiently when they raised the Fourth Amendment argument [under applicable law at the time], even though this Court and the Seventh Circuit found that the good faith applied.” Castro-Aguirre v. United States, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Cell phones, Good faith exception, Ineffective assistance, Particularity, Probation / Parole search, Scope of search | Comments Off on S.D.Ind.: GFE of law at the time of the search meant no IAC

Cal.1: GFE applied to probation search term

The good faith exception applied to defendant’s probation search. The officer checked and reasonably concluded that defendant was still on searchable probation at the time. People v. Pritchett, 2024 Cal. App. LEXIS 348 (1st Dist. May 8, 2024), certified for … Continue reading

Posted in Automobile exception, Cell phones, Good faith exception, Probation / Parole search, Search incident, Strip search | Comments Off on Cal.1: GFE applied to probation search term

CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested

“Because Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.” Owens v. Fitzgerald, 2024 U.S. App. LEXIS 12292 … Continue reading

Posted in Attenuation, Community caretaking function, Good faith exception, Informant hearsay | Comments Off on CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested

CA4: When PC and GFE are the issue on appeal, both have to be appealed or it’s waiver

“In his first claim, Juarez-Sanchez argues that two search warrants issued in this case were not supported by probable cause. Below, the district court rejected this argument and, in the alternative, held that the good faith exception to the exclusionary … Continue reading

Posted in Excessive force, Good faith exception | Comments Off on CA4: When PC and GFE are the issue on appeal, both have to be appealed or it’s waiver

OH5: Cell phone SW was not particular, GFE doesn’t apply, but harmless after all

The cell phone search warrant here failed particularity: “permitted a sweeping, comprehensive search of Hikec’s cell phone with no meaningful limits”, and the good faith exception doesn’t apply. On this record, however, it was harmless error in light of other … Continue reading

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D.Kan.: Drug dog touching car door handle with nose isn’t unreasonable search

The drug dog touching the vehicle door handle with its nose was not an unreasonable search. United States v. Green, 2024 U.S. Dist. LEXIS 88401 (D. Kan. May 16, 2024). Defendant’s 2255 wasn’t timely. “Even if Williams’s motion were timely, … Continue reading

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GA grants review of geofence and GFE case

Georgia has granted review of a geofence warrant case, including whether its prior case law holding the good faith exception was limited should be overruled. Jones v. State, 2024 Ga. LEXIS 110 (May 9, 2024)*:

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FL3: Cell phone dump in civil case denied; no showing of need

In a civil case, the court granted a writ of certiorari against the trial court’s order permitting access to a party’s cell phone by forensic imaging. “We recognize, of course, that Swezy is not altogether foreclosed from seeking electronically stored … Continue reading

Posted in Cell phones, Exclusionary rule, Good faith exception, Reasonable expectation of privacy | Comments Off on FL3: Cell phone dump in civil case denied; no showing of need

E.D.Va.: Must plead prejudice when delay of a cell phone SW is alleged

Defendant’s cell phone was validly seized by the police but they didn’t get a warrant until nine months later. He says it’s a “clear violation” of the Fourth Amendment but he doesn’t allege any prejudice. Denied. United States v. Campbell, … Continue reading

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M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading

Posted in Good faith exception, Inventory, Mail and packages, Search incident, Standing | Comments Off on M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

W.D.Ky.: Illegal stop that was suppressed not excluded in § 1983 case

“Although the marijuana in Codrington’s car was discovered through an unreasonable search, that is immaterial to the Court’s analysis because the Fourth Amendment’s exclusionary rule does not apply to § 1983 proceedings. As long as the marijuana found in Codrington’s … Continue reading

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E.D.Ky.: When court can’t tell the dog alerted, motion to suppress granted

The court reviewing the dashcam video repeatedly cannot tell that the dog alerts at all. Motion to suppress granted. United States v. Edmonds, 2024 U.S. Dist. LEXIS 74570 (E.D. Ky. Apr. 24, 2024). Update: techdirt: Court To Cops: If We … Continue reading

Posted in Burden of proof, Dog sniff, Good faith exception | Comments Off on E.D.Ky.: When court can’t tell the dog alerted, motion to suppress granted

VA: Outline of a gun in def’s pocket was RS

The outline of a gun in defendant’s pocket was reasonable suspicion. Alvin v. Commonwealth, 2024 Va. App. LEXIS 230 (Apr. 23, 2024). Even if a prior search was unreasonable, there was an independent source for the warranted search of defendant’s … Continue reading

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M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn’t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading

Posted in Curtilage, Good faith exception, Neutral and detached magistrate, Waiver | Comments Off on M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

Defendant seizes on one sentence in the search warrant to contend that it was overbroad. Under Andresen, parts of warrants are read in context. In context, it was not overbroad. United States v. Canaday, 2024 U.S. Dist. LEXIS 64639 (N.D. … Continue reading

Posted in Cell phones, Good faith exception, Overbreadth | Comments Off on N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

ID: Stop based on alleged unconstitutional regulations was in good faith and not suppressed

A traffic stop based on allegedly unconstitutional regulations was still reasonable. The officer did nothing wrong. State v. Van Zanten, 2024 Ida. LEXIS 34 (Apr. 1, 2024):

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OH1: Failure to show nexus is a lack of PC; “minimally sufficient nexus” for GFE is different

The affidavit in support of the warrant here failed to show nexus to defendant’s place in the drug offense. And, nexus for probable cause and “minimally sufficient nexus” for the good faith exception are different things. State v. Johnson, 2024-Ohio-1147, … Continue reading

Posted in Good faith exception, Nexus | Comments Off on OH1: Failure to show nexus is a lack of PC; “minimally sufficient nexus” for GFE is different

OH1: Opening car door for officer safety here without RS; sweep of car unreasonable

Defendant in his car in a high crime area with overly tinted windows was not reasonable suspicion. Any furtive movements were attributed to the officer opening the door to see in the car for officer safety. The protective sweep of … Continue reading

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CA11: Even if Carpenter applied to license plate readers, it happened before Carpenter was decided so good faith applies

Even if Carpenter applied to automated license plate readers, it was decided the day after this happened, so the good faith exception would apply in any event. In addition, the officer’s testimony about it was lay testimony under F.R.E. 702. … Continue reading

Posted in Good faith exception, GPS / Tracking Data, Ineffective assistance, Reasonable suspicion, Surveillance technology | Comments Off on CA11: Even if Carpenter applied to license plate readers, it happened before Carpenter was decided so good faith applies