Category Archives: Good faith exception

WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

“We conclude that the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement. However, we … Continue reading

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CA7: Failure to record supplemental testimony for issuance of SW in state court not 4A violation

An Illinois state judge issued a search warrant on a CI’s allegations of being in defendant’s home. The affidavit was essentially bare bones, but the judge took testimony about the CI and his or her basis of knowledge and maybe … Continue reading

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CA2: Even if SW was issued without PC, GFE clearly applies

“Brennerman challenges the lawfulness of the search warrant of his Las Vegas apartment. Even assuming, for the sake of argument only, that the search warrant was unlawful, we conclude that the good faith exception to the Fourth Amendment’s exclusionary rule … Continue reading

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S.D.Ga.: Govt’s GFE exception argument waived by not being presented to USMJ

The officer here departed from the investigation of the traffic offense without reasonable suspicion, and the stop became unreasonable. The government’s argument that Rodriguez hadn’t been decided at the time this happened wasn’t presented to the magistrate, so it’s waived. … Continue reading

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CA6: Alleged lack of nexus in showing of PC saved by GFE

Defendant challenges the lack of nexus of his alleged conduct to the premises, but it doesn’t matter because the good faith exception applies. United States v. Novak, 2020 U.S. App. LEXIS 17133 (6th Cir. May 29, 2020). Inconsistent and implausible … Continue reading

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AR: No abuse of discretion in not forcing state to disclose that which it couldn’t get from HBO camera crew being at search

An HBO crew was present at the drug raid here while filming “Meth Storm.”The prosecutor didn’t know about it until the eve of trial, and he sought to get the video and couldn’t, and he disclosed to the defense. The … Continue reading

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D.Nev.: Six days to draft a cell phone SW was reasonable

The government was diligent in getting a warrant over six days, including a weekend, where the agents and the USAO spent most of three days drafting it. “Still, the Fourth Amendment obligated the United States to ‘diligently obtain[ ] a … Continue reading

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NE: Indicia linking def to premises searched could be subject of SW; affidavit didn’t need a detailed explanation of CODIS for magistrate

Obtaining defendant’s CSLI in February 2017, 16 months before Carpenter, was in good faith and reasonable. That information could thus be used in an affidavit for search warrant for his house because probable cause was otherwise shown for it. Also, … Continue reading

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SC: Def gets to litigate possible Mitchell exceptions on remand

Defendant is entitled to a remand to litigate whether a Mitchell warrantless BAC exception applies. State v. Key, 2020 S.C. LEXIS 71 (May 13, 2020). Defendant’s motion to suppress was properly denied by the good faith exception where obtaining of … Continue reading

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OH5: Driver’s pulling MJ from her bra wasn’t RS as to the passenger

The driver producing marijuana from her bra did not create reasonable suspicion as to passenger. State v. Howard, 2020-Ohio-1400, 2020 Ohio App. LEXIS 1364 (5th Dist. Apr. 7, 2020). Since the three search warrants were all issued with probable cause, … Continue reading

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TX: State statutory requirement of legible magistrate’s signature subject to GFE

Code of Criminal Procedure Article 18.04(5) requires, in part, that a search warrant contain a legible magistrate’s signature. So what effect does an illegible magistrate’s signature have upon the applicability of the statutory good-faith exception? See Tex. Code Crim. Proc. … Continue reading

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OH1: Warrantless procedure for police obtaining medical records violates 4A, but GFE applied here

State law provided for a warrantless procedure to obtain medical records for OVI cases. The court finds it violates the Fourth Amendment, but it refuses to apply the exclusionary rule because the officer reasonably relied on state law to access … Continue reading

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CA4: State court suppressed SW for lack of nexus, and then feds indicted; GFE applies to the state warrant

Defendant was prosecuted in state court for a drug related murder, and the state court suppressed the search of his house finding lack of nexus. State v. Miller, 2016 S.C. Unpub. LEXIS 28 (Mar. 30, 2016). Defendant was then prosecuted … Continue reading

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D.Colo.: DEA subpoena for records of two pharmacies is enforced

The DEA’s subpoena to the Board of Pharmacy for controlled substances prescriptions for two pharmacies was reasonable and within the DEA’s jurisdiction. It is enforced. United States DOJ v. Colorado Bd. of Pharmacy, 2020 U.S. Dist. LEXIS 69726 (D. Colo. … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception, Subpoenas / Nat'l Security Letters | Comments Off on D.Colo.: DEA subpoena for records of two pharmacies is enforced

D.N.J.: Protective sweep of house after arrest outside was unjustified; it was a search for a gun

Defendant’s arrest outside his house near his front door did not justify a protective sweep of his house. “Indeed, this Court finds that the marshals’ broad search of the Westberry residence was conducted specifically to find the firearm. … Because … Continue reading

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AR: Drug dog at scene while warning ticket being written didn’t extend stop

This dog sniff did not extend the stop where the dog arrived while the warning ticket was being written. Mickens v. State, 2020 Ark. App. 280, 2020 Ark. App. LEXIS 307 (Apr. 29, 2020). The blood draw of the unconscious … Continue reading

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