Category Archives: Good faith exception

E.D.N.Y.: Facebook SW was far too broad, but court declines to decide 4A question and goes with GFE instead

This Facebook warrant just seeks way, way too much information when it could have been far more narrowly tailored. “That said, the court need not decide whether the Facebook Warrant violated the Fourth Amendment because, even if it did, the … Continue reading

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W.D.N.Y.: Govt gets benefit of GFE which overrides Franks [without sufficiently telling us why]

Defendant twice asked the USMJ for a Franks hearing and never got one. On review, application of the good faith exception is sustained. “Here, the Government has shown that McMahon and the other law enforcement officers that executed the search … Continue reading

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W.D.N.C.: The fact def’s car crossed the county line between when the police car lights came on and when he was stopped is not a basis to suppress

The fact a stop was started in one county and actually occurred as defendant crossed the county line is not a basis for suppressing the stop. Defendant’s consent to search his house is suppressed, however, because of language difficulties: “Thus, … Continue reading

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D.R.I.: CSLI warrant lacked PC and GFE not applied

In what may be a first, the District of Rhode Island suppresses both CSLI and an apartment search warrant for lack of probable cause and then declines to apply the good faith exception. United States v. Ramos, 2019 U.S. Dist. … Continue reading

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Leon and the good faith exception is 35 today

Today is the 35th anniversary of United States v. Leon, 468 U.S. 897 (1984), fittingly decided in 1984. As I related many years ago here, I did a CLE for Memphis prosecutors about a year later on how to litigate … Continue reading

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IL: Carpenter applies to CSLI search five years before it was decided because there was no binding precedent to contrary

Carpenter is applied to CSLI information obtained five years before it was decided. There was no binding precedent in Illinois or the Seventh Circuit, and the question was even avoided. People v. Strickland, 2019 IL App (1st) 16-1098, 2019 Ill. … Continue reading

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CA5: GFE saves search of cell phone seized when not specified in SW

A juvenile probation officer started an investigation into whether girls under his supervision were being pimped out. Substantial evidence was developed that concluded they were. A search warrant was obtained for defendant’s property, and computers were mentioned for seizure but … Continue reading

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C.D.Ill.: Def’s name and address aren’t constitutionally required to be in the SW

Defendant’s 2255 claim that his name and address weren’t in the search warrant doesn’t state any ground for relief because neither is constitutionally required. Lopez v. United States, 2019 U.S. Dist. LEXIS 105807 (C.D. Ill. June 25, 2019). The affidavit … Continue reading

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E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. … Continue reading

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OH4: In applying GFE, court isn’t bound by the “four corners” rule because Leon requires “all the circumstances” be considered

The affidavit for search warrant was lacking probable cause, but it wasn’t “so lacking” that the good faith exception did not apply. Also, the “four corners” rule doesn’t bar a trial court from considering “all the circumstances” in deciding whether … Continue reading

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CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the … Continue reading

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AZ: Choice of law, exclusionary rule, and GFE

“¶1 Don Jacob Havatone appeals from his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor (‘DUI’), one count of aggravated assault, one count of endangerment, and four counts of misdemeanor assault. Because a … Continue reading

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