Category Archives: Good faith exception

OK: State blood draw statute was suspect, but GFE applies

The state blood draw is constitutionally suspect, but the court doesn’t have to go there. The officer’s actions in relying on it was still good faith. Stewart v. State, 2019 OK CR 6, 2019 Okla. Crim. App. LEXIS 8 (May … Continue reading

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M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019). The law supported … Continue reading

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N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required

Officer’s experience alone that drugs and paraphernalia are often kept at the alleged dealer’s home does not satisfy the good faith exception. There must also be some facts connecting the house to the drug offense away from the home. United … Continue reading

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W.D.Ky.: Complete failure of nexus was no PC and even GFE won’t save it

The affidavit for search warrant here fails to show nexus to defendant’s property. Moreover, it can’t even be inferred from the CI’s statements. “The affidavit presently before this Court offers no such supplemental information. The affidavit does not describe a … Continue reading

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D.Minn.: No nexus whatsoever between offense and evidence sought and place to be searched; therefore, no GFE

There was no nexus shown at all between the affidavit for the search warrant between the evidence sought and the place to be searched. The good faith exception doesn’t rescue the search here because the affidavit is, in fact, so … Continue reading

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IL: Kentucky officers investigated aggravated DUI with an accident on Ohio River bridge; remanded for findings of GFE

Defendant was involved in an accident on the Brookport Bridge between Illinois and Kentucky, and he was originally charged in Kentucky. On closer examination, the accident was determined to be in Illinois, so that case was dismissed, and it was … Continue reading

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W.D.N.Y.: State SW issued for violation of state statute under federal injunction since 1997 should be suppressed

Defendant was federally indicted for possession of child pornography after a state search warrant for violation of state law. There was, however, a federal injunction from 1997 prohibiting prosecutions under a particular New York statute, but at least 11 people … Continue reading

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E.D.Va.: The potentially overbroad SW was narrowed by listing the crime under investigation

The search warrant was challenged as a general warrant, but the court finds that it specified the crime under investigation, and that limited it. “Although the specific electronics recovered were not part of [one] burglary, those devices were nevertheless well … Continue reading

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N.D.Cal.: Strickland prejudice is subject to harmless error review

The state court post-conviction resolution of this case under § 2254 review was not unreasonable. Even if defense counsel had moved for suppression of evidence he’d stipulated to, the outcome wouldn’t have changed because of the overwhelming other evidence of … Continue reading

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CAAF: Military GFE satisfied here; three military lawyers also asked about PC

In applying the military good faith exception under M.R.E. 311(c)(3), the court finds the NMCCA properly applied the exception which, under rule, blends into probable cause. There clearly was a substantial basis for finding probable cause, and good faith was … Continue reading

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CA9: SW was ambiguous as to the mobile home to be searched; no PC shown as to one searched; suppressed

The search warrant authorized search of a gray mobile home. There were two on the property, and the one searched was white. The search warrant was thus ambiguous when the officers arrived, and the court finds the search unjustified because … Continue reading

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CA5, 1 & 10: Even if the Playpen SW was void ab initio, that does not mean the GFE would not apply

Even if, arguendo, the NIT warrant issued in the E.D.Va. was void ab initio for violating Rule 41, that does not mean that the good faith exception cannot apply. The court concludes that it does. United States v. Ganzer, 2019 … Continue reading

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