Category Archives: Good faith exception

S.D.Ohio: No REP in nonlegal mail sent from jail where witness tampering was suspected

Defendant had no reasonable expectation of privacy in nonlegal mail sent from jail where he was suspected of tampering with witnesses (collecting cases). The policy was already well established (if that matters). United States v. Chivers, 2020 U.S. Dist. LEXIS … Continue reading

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E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause … Continue reading

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IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container

Even if the officer presumed defendant was in legal possession of cannabis pursuant to Illinois MMJ Act, the facts established probable cause that evidence of a crime was in the vehicle. The officer saw a loose “bud” in the backseat … Continue reading

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M.D.La.: Sometimes there’s SW for a pretrial detainee’s cell

Defendant was detained pretrial for a murder for hire indictment, and he’d been moved around from one contract holding center to another for assaulting other inmates. A search warrant had been obtained for his cell for evidence of obstruction of … Continue reading

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NJ: GSR subject to search incident

Swabbing defendant’s hands for GSR at the police station shortly after arrest was valid as a search incident. The detectives called the assistant state’s attorney on duty, and he advised that they didn’t need a warrant because of the ready … Continue reading

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D.Ariz.: Nexus here was so “thin” that the court won’t even apply GFE

The government didn’t even show a connection between the defendant and the alleged crime to get access to his subscriber information. “While courts may find the good-faith exception to apply when an application is ‘thin,’ a showing of some connection … Continue reading

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CA6: “We must take care not to confuse a bare bones affidavit with one that merely lacks probable cause.”

There was a substantial basis for finding probable cause, and this didn’t even approach “bare bones.” “We must take care not to confuse a bare bones affidavit with one that merely lacks probable cause.” The motion to suppress was properly … Continue reading

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S.D.Ga.: There is no per se staleness, and how is DNA stale?

There is no per se staleness. A new warrant for defendant’s DNA alleging it was previously drawn in 2005 and 2007 and matched wasn’t stale. How does DNA change? It doesn’t. United States v. Williams, 2020 U.S. Dist. LEXIS 38735 … Continue reading

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ND: Search incident in another state on arrest warrant from this state was in good faith

Defendant was arrested in North Dakota on a warrant out of Ohio, and the search incident conducted on his arrest was in good faith. State v. Marcum, 2020 ND 50, 2020 N.D. LEXIS 48 (Feb. 27, 2020).* Considering the factors … Continue reading

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W.D.Ky.: Even if putting key in lock violated Jardines, its use in SW application was in good faith

Pre-Jardines case law held that putting a key in a lock wasn’t a search. Here, the police did that to help establish probable cause. Whether Jardines changed that rule or not, it’s not decided here because the good faith exception … Continue reading

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D.N.J.: Foreign wiretap complied with their law so it was reasonable for 4A purposes; GFE also applied

“While it is clear that a joint venture has not been adequately alleged by Escalante-Melgar, even if a joint venture is assumed in this case, evidence obtained from the Salvadoran wiretaps would still be admissible. … Here, there is no … Continue reading

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FL2: State’s failure to make record on GFE gets remand

The trial court’s failure to address the good faith exception as an alternative to alleged lack of probable cause precludes the state from relying on it. Remanded to make a record. Hicks v. State, 2020 Fla. App. LEXIS 2465 (Fla. … Continue reading

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NE: Inventory wasn’t pretext for investigation; body cam video showed how it was done, and written policy could be testified to

Defendant’s vehicle was lawfully impounded, as it would have been in any event, and then it was inventoried. The state’s failure to put the inventory policy into evidence was not fatal because there was testimony about it. The inventory search … Continue reading

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DE: A few questions unrelated to the purpose of the stop didn’t measurably extend it

Questions asked of defendant that were unrelated to the justification for his traffic stop did not measurably extend the traffic stop. Although an officer’s questions about defendant’s two cell phones, children and the beach were unrelated to defendant’s failure to … Continue reading

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CA10: NCMEC’s receipt of suspected CP from AOL was subject to GFE

The good faith exception applies to NCMEC’s receipt of suspected child pornography from AOL from an account holder. NCMEC objectively relied upon a statute that had never been challenged before. United States v. Ackerman, 2020 U.S. App. LEXIS 5806 (10th … Continue reading

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D.Ariz.: SW wasn’t shown to be willfully without PC or overbroad, so GFE applies

Officer’s negligence [my word, not the court’s] in drafting and obtaining a search warrant that was potentially without probable cause and overbroad in scope didn’t overcome the good faith exception. United States v. Snow, 2020 U.S. Dist. LEXIS 31713 (D. … Continue reading

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