Category Archives: Good faith exception

CA6: Carpenter decided after notice of appeal didn’t apply to defendant

CSLI was admitted at trial without objection. Carpenter was decided after the notice of appeal. On plain error review, there is no error because the CSLI was lawfully obtained at the time and the good faith exception applies. United States … Continue reading

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CA6 sustains Playpen warrant under GFE

Playpen warrant was valid under good faith exception. United States v. Moorehead, 2019 U.S. App. LEXIS 639 (6th Cir. Jan. 9, 2019).* Defendant was not entitled to discovery of the exploit code used in the NIT warrant to locate him. … Continue reading

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D.Mass.: Part of CI’s criminal history wasn’t disclosed, but enough was; CI was corroborated, and there was PC

The affiant didn’t withhold enough of the CI’s criminal history to be misleading. Not all of it was disclosed, but enough was to show he was part of the criminal milieu. And even if the withholding was significant, there was … Continue reading

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D.V.I.: Court doubts legal authority for border searches from mainland to VI, but GFE applies

The court doubts the legal basis for customs searches of people traveling nonstop from the U.S. mainland to the Virgin Islands because there is no international travel. Reliance on the V.I. Code doesn’t provide any real help to the government. … Continue reading

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CA11: Questioning during stop exceeded Rodriguez, but it was before that, so GFE applies

The stop was reasonable, and the questioning of the motorist was valid at the time it happened (December 2013). Under Rodriguez, however, the stop was unlawfully extended. Under the good faith exception, the detention was still valid. United States v. … Continue reading

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TN: 2012 cell phone search had to be evaluated by law at that time on PCR

Defendant’s post-conviction claim on the 2012 search of his cell phone fails because it wouldn’t have been granted back then. Blunkall v. State, 2019 Tenn. Crim. App. LEXIS 11 (Jan. 4, 2019).* The CI’s information was significantly corroborated by observations … Continue reading

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W.D.N.C.: Defendant has standing in rental car under Byrd but loses under GFE under binding circuit law

On remand from the Fourth Circuit, the court determines that Byrd applies and defendant had a reasonable expectation of privacy in the car he rented. As for the good faith exception, the court finds that it is bound by circuit … Continue reading

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E.D.Ky.: The affidavit for a search warrant does not need to allege a specific statute was violated

The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading

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IA: Def answered door in underwear with apparent semen stains; police there with SW for sex abuse with minors

Defendant was under investigation for sexual abuse of minors. “[T]he police went to Heggebo’s house to execute a search warrant. Heggebo answered the door wearing only shorts. The police seized Heggebo’s shorts because the shorts had apparent semen stains on … Continue reading

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CA6: GFE applies to evidence of nexus, too

While this court has struggled with what is sufficient nexus, the evidence of nexus here is more than minimal and clearly satisfies the good faith exception, too. United States v. Ardd, 2018 U.S. App. LEXIS 35389 (6th Cir. Dec. 18, … Continue reading

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TX7: Carpenter applied retroactively where def preserved issue

Defendant raised a Carpenter CSLI issue pretrial, and he prevails. Carpenter held retroactive (despite citing Davis). Dixon v. State, 2018 Tex. App. LEXIS 10340 (Tex. App. – Amarillo Dec. 13, 2018):

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Cal.2: SWs must be executed reasonably, and facts determine who has the burden of proof

A search warrant must be executed reasonably, and it depends on which side has knowledge of what for the burden of proof. Here, the issue involves a blood draw at a hospital, and defendant has access to that information, and … Continue reading

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