Category Archives: Good faith exception

VA: State gets to argue GFE after a Carpenter remand even though it never raised the question before Carpenter was decided

Defendant was the subject of warrantless CSLI pre-Carpenter, and he petitioned for cert while Carpenter was pending. After Carpenter was decided, his case was GVR’d back to the state court of appeals. Reed v. Virginia, 138 S. Ct. 2702 (2018). … Continue reading

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CA5: CSLI obtained prior to Carpenter was valid, and it didn’t taint CSLI obtained after Carpenter for backup

Defendant was suspected of being a serial bank robber in the Houston area, and the government obtain CSLI by an SCA § 2703(d) order without a showing of probable cause. Two months before trial, Carpenter was decided, and, that same … Continue reading

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W.D.Ky.: Consent to search a vehicle includes the spare tire compartment

Defendant’s open consent to search a vehicle included the spare tire compartment because it’s known that people secrete things there. United States v. Stevens, 2019 U.S. Dist. LEXIS 191954 (W.D. Ky. Sept. 29, 2019), adopted, 2019 U.S. Dist. LEXIS 190842 … Continue reading

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E.D.Mich.: Def’s giving false name justifies extending stop

Defendant’s giving a false name extended the stop and added to the reasonable suspicion to detain him after his true identity was discovered. United States v. Jackson, 2019 U.S. Dist. LEXIS 188225 (E.D. Mich. Oct. 30, 2019). The affidavit for … Continue reading

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KS applies Krull for GFE to statutory DUI advice of rights later held unconstitutional

The officer gave advice of DUI rights as required by state law later held unconstitutional. Under Illinois v. Krull, the court finds the officer acted in good faith, and the BAC test is not suppressed. State v. Perkins, 2019 Kan. … Continue reading

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CA2 applies GFE even though not litigated below because the findings on PC show it

A second search warrant was issued for defendant’s cell phone. He argued lack of probable cause and the government responded. The government didn’t raise the good faith exception in the district court. The court assumes lack of probable cause and … Continue reading

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LA: Two Rodriguez violations: car searched for weapon without RS then female officer called for a body search

Defendant was detained unreasonably without reasonable suspicion and then her car was searched for a weapon but none was found. Then the detaining officer called for a female officer to conduct a search of her person. “Because reasonable suspicion was … Continue reading

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E.D.N.Y.: Given a 4A violation for lack of particularity, subjective good faith isn’t good enough for GFE

There was a failure of particularity in this document search warrant, which the government effectively concedes, and it falls back to the good faith exception to save it. The court concludes, however, in a long analysis, that the deterrent benefits … Continue reading

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E.D.Ky.: Ten months of Facebook seizure was way overbroad, but the govt gets the benefit of the GFE

Knowing that defendant and his confederates talked about drug transactions on Facebook messenger, the limited search warrant for that was based on probable cause, and a message was recovered referring to acquiring a “ball” and it was almost certainly an … Continue reading

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E.D.Wis.: The affidavit lacked PC and didn’t connect def’s van to the crime, but the GFE applies anyway

The affidavit lacked probable cause and didn’t connect defendant’s van to the crime. Yet, it wasn’t so bad that the good faith exception couldn’t apply. [Seems like it should not have applied.] United States v. Burgess, 2019 U.S. Dist. LEXIS … Continue reading

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CA6: Ptf stated a 4A claim and overcame QI for the officer’s allegedly manufacturing case against him

Plaintiff produced enough evidence to show defendant officer falsified the case against him and overcame qualified immunity. The prosecutor dropped the criminal case when it was apparent it was bogus, and then plaintiff sued. Parnell v. City of Detroit, 2019 … Continue reading

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E.D.Mich.: Affidavit for SW was “bare bones” so no GFE; Brandeis quoted

The affidavit for the search warrant for defendant’s home proved to be “bare bones” and showed no probable cause or nexus to crime whatsoever. Accordingly, the good faith exception doesn’t even apply. The court cites Brandeis’s 1928 Olmstead dissent. United … Continue reading

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