Category Archives: Good faith exception

D.R.I.: SW affidavit that failed to incorporate what it said it was failed to show PC and thus no GFE

The affidavit for warrant was supposed to incorporate by attaching other stuff. The officer swore to it, but the stuff wasn’t there. The good faith exception is denied because it remained bare bones. United States v. Medina, 2024 U.S. Dist. … Continue reading

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D.N.M.: No GFE for a Franks violation

Defendant met his Franks burden and showed a false statement in the affidavit for search warrant that was material to the probable cause finding. The statement was from the chief to the affiant. Finally, there is no good faith exception … Continue reading

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D.Ariz.: Govt’s civil discovery demands don’t implicate the 4A

When the government is sued, its discovery demands do not implicate the Fourth Amendment. Arizona Yage Assembly v. Barr, 2024 U.S. Dist. LEXIS 42197 (D. Ariz. Feb. 22, 2024). The obtaining of defendants CSLI before Carpenter was lawful then, and … Continue reading

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D.N.M.: Geofence warrant relied on in good faith

A geofence warrant was used to gather information to attempt to find the robber of a postal worker. Geofence warrants are novel, the defendant may not have shown standing, and the government gets to rely on the good faith exception. … Continue reading

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N.D.Ala.: By the time the drug dog entered the car, there already was PC

The drug dog entered the car on the second attempt. But defendant left the door open, and the smell of marijuana was evident. The officer held the dog back in case there was something hazardous in the car. Still, not … Continue reading

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KS: No basis for a stop of car in a local park under “public safety exception”

A public safety stop is well recognized, deriving from Cady. “In this case, however, the facts do not support a valid safety stop. The deputy stated he was concerned because it was dark, it was late, the car was parked … Continue reading

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Cal.2d: Questions posed during a traffic stop while waiting for the records check do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

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MO: Detox civil detention justified inventory search of the person

Detox civil detention justified inventory search of the person the same as jailing an alleged offender. State v. Williams, 2024 Mo. App. LEXIS 131 (Mar. 5, 2024). Some of the information in the affidavit didn’t provide a time frame, but … Continue reading

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MN: Evans rejected under state constitution; arrest on quashed warrant invalid

“Because we recognize several purposes served by the exclusionary rule, including deterring unlawful government conduct generally, and we conclude that applying the exclusionary rule here serves these remedial goals, we decline to extend the good-faith exception to the exclusionary rule … Continue reading

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CA10: Evidence obtained by state in prosecution later barred by McGirt still with good faith

Defendant was originally prosecuted in Oklahoma state court for murder. After McGirt v. Oklahoma, he moved to set aside the Oklahoma conviction as being obtained without jurisdiction. In federal court, he moved to suppress the evidence obtained by the state … Continue reading

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CA6: DEA SW for tableting machine lacked PC, but GFE exception saves search

“The facts of this case are undisputed. On October 20, 2021, Brett Dauphinais ordered a tableting machine, a device that retails for thousands of dollars and allows the user to make food or drug tablets. Tableting machines can be used … Continue reading

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CA2: A temporal limitation on the SW would have been better, but it’s still cured by GFE

It would have been better for the search warrant to have included a temporal limitation, but that doesn’t have to be decided because the good faith exception is found to apply in any event. United States v. Saint Clair, 2024 … Continue reading

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N.D.Ind.: SW for wrong house was completely lacking in PC, so no GFE

The court previously held there was no probable cause for the search warrant for the address searched, and this opinion is about the good faith exception. The court finds that no reasonably trained officer would have seen probable cause here … Continue reading

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E.D.N.C.: Emergency disclosure of text message via 18 U.S.C. § 2702(b)(8) gets GFE applied because almost no case law

Law enforcement got emergency disclosure of text messages to find a person. The good faith exception applied because the statute has never been interpreted to not allow that. “Here, law enforcement relied on the voluntary disclosure procedure set forth in … Continue reading

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D.R.I.: SW required for a short term CSLI Tower Dump

Finding short term CSLI obtained by a cell phone tower dump also protected by the Fourth Amendment, the court holds, disagreeing with other courts, that a warrant was required, but the good faith exception applies. An long, interesting opinion. “The … Continue reading

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MS: No REP against CI recording you in your own house during drug deal

911 was called about a man passed out in his pickup truck in his driveway at the street.There was no reasonable expectation of privacy against letting in a wired CI under Hoffa. Douglas v. State, 2024 Miss. LEXIS 24 (Jan. … Continue reading

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W.D.Pa.: Affidavit for SW failed to show PC, but it wasn’t completely bare bones, so GFE applies

The affidavit averred that defendant came from his house and got in his car manifesting characteristics of somebody who was probably armed, although the officers could see no gun. This is all inference, which isn’t precluded. The affidavit is not … Continue reading

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DE: Challenge to search after PG doesn’t show actual innocence

After acquired information that a cell site simulator might have been misused doesn’t show actual innocence or undermine guilty plea. “The appellant pleaded guilty, and his assertion that he has new evidence that law enforcement illegally or improperly used cell-site … Continue reading

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CA2: Dog sniff of def’s car in driveway was done in GF reliance on law at time

Acting on a tip, officers did a dog sniff of defendant’s covered car parked in his driveway, and they used that to get a warrant for it. Collins didn’t come along until the following year. The officers laid it all … Continue reading

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D.Minn.: SW arguably included use of cell site simulator to track phone; GFE applied in any event

The state issued warrant here authorized the use of a cell site simulator, but this wasn’t explicitly stated in the affidavit for warrant. And, the affidavit wasn’t incorporated into the warrant either. This is a close question. The court comes … Continue reading

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