Category Archives: Good faith exception

PA: One def pleads state constitution and wins, one doesn’t and loses

Birchfield came down after the blood draw in this case. Defendant only pled the Fourth Amendment and did not cite the state constitution. There is no good faith exception to the Pennsylvania exclusionary rule, but there is to the federal, … Continue reading

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CA1: Using def’s keys to find his apt door was a “search” but it was still in GF even though that fact was in warrant application for apt

Defendant was arrested for drug dealing outside his apartment building. A search incident produced a set of keys. The police tried the keys on the apartment door until they worked. They didn’t enter but used the facts they’d developed plus … Continue reading

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NE: Birchfield was decided day after def’s DUI conviction; GFE applies

Defendant was convicted of DUI the day before Birchfield was decided, and he moved for a new trial. The trial court denied the motion, and he appeals. The good faith exception applies to that which happened before Birchfield (without even … Continue reading

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SD: Two months of pole camera surveillance without even RS violated a REP that society would recognize as reasonable; GFE applies, however

Defendant had a reasonable expectation of privacy that society is now prepared to recognize as reasonable from installation of a pole camera across the street from his house and monitoring it for two months based solely on a tip that … Continue reading

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TX: Dissent added to Texas’s adopting Davis good faith exception to statutory exclusionary rule

Back in March was this post: Texas finally adopts the Davis good faith exception to its statutory exclusionary rule reporting on McClintock v. State, 2017 Tex. Crim. App. LEXIS 291 (March 22, 2017). A dissent was just added in McClintock … Continue reading

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N.D.W.Va.: GFE generally doesn’t apply to warrantless searches

Defendant’s wife did not voluntarily consent to the police entry into the basement of her bar. First, they detained defendant behind the bar. Then police came to the bar in great numbers (6-15, depending on the witness) while the bar … Continue reading

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E.D.Va.: While def’s Navy commander in CA couldn’t authorize military search on a base in VA, GFE applies

Defendant was in the Navy, and, due to a potential rape allegation against him, a pretext text message was sent to him by NCIS on behalf of the alleged victim. Defendant was stationed in San Diego, but he was in … Continue reading

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CA8: (1) In drug conspiracy case, the govt overcame staleness because of ongoing crime; (2) Issuance of SW in D.Neb. by non-cross designated USMJ in N.D.Iowa was subject to GFE

First, the search warrant in this drug conspiracy case wasn’t stale, although a long time had elasped during and between the times recorded in the affidavit of things that happened. While the evidence wasn’t strong, the deference accorded the issuing … Continue reading

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

D.Minn.: PC for SW doesn’t even need to be decided if the GFE would apply

Probable cause doesn’t even need to be decided if the good faith exception would apply. “Even assuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to … Continue reading

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C.D.Cal.: Even if Carpenter reverses, Davis GFE will apply to searches occurring before

Even though CSLI is before SCOTUS in Carpenter, this court had sustained seizure of CSLI before, so, even if Carpenter reverses, the Davis good faith exception will sustain this seizure. United States v. Brown, 2017 U.S. Dist. LEXIS 126504 (C.D. … Continue reading

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