Category Archives: Good faith exception

M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance … Continue reading

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

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CA4: Forensic border search of cell phone “non-routine” but GFE applies

An intensive forensic search of an outbound noncitizen’s cell phone required at least reasonable suspicion and maybe a warrant under Riley. Case law, however, uniformly says not at the time this happened, so the search is valid under the good … Continue reading

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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, … Continue reading

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D.N.J.: Previous finding of good faith applies to later Franks challenge

Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and … Continue reading

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E.D.Mich.: No PC for nexus to def’s house, and no GFE

The affidavit failed to show probable cause for nexus to defendant’s house. It was so devoid of probable cause that the good faith exception does not apply. United States v. Myles, 2018 U.S. Dist. LEXIS 69373 (E.D. Mich. Apr. 25, … Continue reading

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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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AR: State’s failure to get ruling on GFE below bars that argument on appeal; statute on BAC penalties violates Birchfield

Arkansas’s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court’s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state’s failure to get a … Continue reading

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E.D.Mich.: Affidavit for SW failed to show nexus, but GFE was enough to save it

“The bare assertion that defendant departed his home prior to engaging in a drug transaction does not ‘directly connect the residence with the suspected drug dealing activity.’ Id.” Peffer, 880 F.3d at 272-73 (quoting Brown, 828 F.3d at 383-84). The … Continue reading

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AZ: Statutory GFE interpreted same as 4A GFE absent reason not to

The state’s statutory good faith exception is coextensive with the Fourth Amendment good faith exception, absent a compelling argument from the defendant. A pre-Birchfield breath test was valid under the good faith exception of Davis, already applied in Arizona. Alsarraf … Continue reading

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W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports

The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer’s report wasn’t enough just because the officer believed that defendant’s residence was the target of the search. United States v. Lewis, 2018 … Continue reading

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E.D.Mich.: No PC for the warrant, but it wasn’t “so lacking” in PC that the GFE wouldn’t apply

There was no probable cause for issuance of the search warrant, but it wasn’t “so lacking” in probable cause because there was at least something. “The officers, therefore, acted in good faith in executing the warrant because, although the affidavit … Continue reading

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