Category Archives: Good faith exception

TN: No consent to blood draw where def pulled out of car at gun point and told his blood was being taken

Defendant did not freely and voluntarily give his actual consent because he was pulled over by police officers, ordered out of his car at gun point, read the implied consent form, and informed that officers would hold him down and … Continue reading

Posted in Good faith exception, Voluntariness | Comments Off

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule

Texas finally adopts the Davis good faith exception to its statutory exclusionary rule to a pre-Jardines dog sniff in a wide ranging and scholarly opinion surveying all the federal circuits on Davis and attenuation. McClintock v. State, 2017 Tex. Crim. … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off

E.D.Tex.: Cell phone + drug case = PC to search cell phone

Drug dealers commonly use cell phones to ply their trade, and that was stated in the affidavit for the search warrant. The USMJ signed the warrant for cell phones, too. Accordingly, the search warrant was executed in good faith. United … Continue reading

Posted in Cell phones, Good faith exception | Comments Off

CA4: Pre-Rodriguez stop was valid under law at time

Rodriguez was decided after the stop, and the circuit recognized de minimus delays in the stop. Moreover, the stop is not calculated merely by time: “Under Digiovanni and other pre-Rodriguez cases, that Deputy McMurray may have been able to end … Continue reading

Posted in Emergency / exigency, Good faith exception | Comments Off

CA10: GFE saves general warrant where affidavit specific and affiant served the warrant

Where officers obtained a warrant and searched two cell phones seized at the time of defendant’s arrest, the search warrant was invalid because it did not satisfy the particularity requirement since it did not identify either of the phones that … Continue reading

Posted in Cell phones, Good faith exception, Warrant execution | Comments Off

AZ: Computer search warrants get greater scrutiny; this one lacked all particularity and no GFE applies

Computer search warrants get greater scrutiny. The search warrant for defendant’s computer lacked any particularity, and it could not be saved by the good faith exception. State v. Dean, 2017 Ariz. App. LEXIS 12 (Jan. 12, 2017):

Posted in Computer searches, Good faith exception, Standards of review | Comments Off

E.D.Mo.: SW description was defective but reference to affidavit and GFE saves it

The warrant was defective on its face, only authorizing a search of the person of the accused. The affidavit for the warrant, however, was more detailed and described places and things: a hotel room and a Mercedes. The officer sought … Continue reading

Posted in Good faith exception, Scope of search | Comments Off

D.V.I.: Telephonic warrant requirements were complied with and GFE didn’t apply

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn’t mention that they also wanted to search a car that was omitted from the warrant. The … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, Warrant requirement | Comments Off

IL: GFE does not apply to seizure under a statute later held unconstitutional

Defendant was stopped and relieved of a handgun by the police and charged with it. Four years later, the state supreme court held that possession of a handgun alone, without criminal purpose, violated the Second Amendment. Defendant gets the benefit … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off

E.D.Mich.: Attempt to show nexus was “bare bones,” and GFE doesn’t apply

Defendant was suspected of a robbery, and he had some thin connection to a house he’d been kicked out of because of a domestic dispute. He’d been seen taking the trash out and his car was there once. The court … Continue reading

Posted in Good faith exception, Nexus | Comments Off