Category Archives: Good faith exception

N.D.Ill.: Shots fired 911 call and citizen report led to car; protective sweep of back seat was permissible

Chicago police officers received a man on the street report (treated as anonymous but reliable) that shots were just fired from a particular vehicle. There were also 911 calls about the shots. The vehicle was shortly seen, and that was … Continue reading

Posted in Good faith exception, Protective sweep, Stop and frisk | Comments Off on N.D.Ill.: Shots fired 911 call and citizen report led to car; protective sweep of back seat was permissible

W.D.Ky.: Facially valid arrest warrant not undermined by def’s claim he had an alibi for crime

Defendant argues that the execution of the arrest warrant on him in his own house was invalid because he had an alibi for the time of the crime. That’s not up to the executing officers. The warrant was facially valid. … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Burden of pleading, Good faith exception | Comments Off on W.D.Ky.: Facially valid arrest warrant not undermined by def’s claim he had an alibi for crime

CA4: Where CI only provided info for SW, he wasn’t a material witness for trial so no reason for disclosure shown

Defendant didn’t make a showing to get the CI’s identity under Roviaro. The CI was merely the source of information to get the search warrant and he wouldn’t be a witness at trial. There wasn’t even a sufficient showing to … Continue reading

Posted in Good faith exception, Informant hearsay | Comments Off on CA4: Where CI only provided info for SW, he wasn’t a material witness for trial so no reason for disclosure shown

W.D.N.C.: Davis GFE applied to GVR after Byrd, as happened in Byrd

Defendant’s case was GVR’d after Byrd. On remand, the court finds that the government’s good faith reliance on prior precedent makes this search valid, and the court notes that the same thing happened to Byrd on remand. United States v. … Continue reading

Posted in Good faith exception, Protective sweep | Comments Off on W.D.N.C.: Davis GFE applied to GVR after Byrd, as happened in Byrd

D.Mass.: Complete failure of PC denied govt GFE

The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on D.Mass.: Complete failure of PC denied govt GFE

OH3: Arrest warrant issued without required sworn narrative was executed by other officers in good faith so no suppression

The arrest warrant didn’t have a sworn narrative because it wasn’t signed. The warrant was issued and entered into the state database. Officers executing the arrest warrant acted in good faith, and the arrest would not be suppressed. State v. … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on OH3: Arrest warrant issued without required sworn narrative was executed by other officers in good faith so no suppression

N.D.Ala.: No REP in bank records under still settled law

“Petitioner argues that the IRS’s summonses to Bank of America and Regions Bank violate his Fourth Amendment rights. … The Eleventh Circuit recently considered and rejected a Fourth Amendment challenge to an IRS summons directed towards a bank because the … Continue reading

Posted in Cell site location information, Good faith exception, Third Party Doctrine | Comments Off on N.D.Ala.: No REP in bank records under still settled law

CA7: Pre-Carpenter CSLI was valid in good faith reliance on SCA (Davis not cited)

Defendant’s pre-Carpenter CSLI gathering was challenged under the theory that the SCA statute was unconstitutional. It was done in good faith reliance on the statute under Krull v. Illinois, and there would be no exclusion. (Davis good faith is not … Continue reading

Posted in Cell site location information, Curtilage, Good faith exception | Comments Off on CA7: Pre-Carpenter CSLI was valid in good faith reliance on SCA (Davis not cited)

D.Conn.: Warrantless CSLI obtained three years before Carpenter would not be excluded under Davis

Warrantless CSLI obtained three years before Carpenter would not be excluded under Davis. United States v. Blake, 2018 U.S. Dist. LEXIS 141895 (D. Conn. Aug. 20, 2018). “Here, Rivarola does not explain what, if anything, further investigation by his prior … Continue reading

Posted in Burden of pleading, Cell site location information, Good faith exception, Ineffective assistance | Comments Off on D.Conn.: Warrantless CSLI obtained three years before Carpenter would not be excluded under Davis

S.D.Ind. erroneously states there is a “presumption of good faith reliance” on a SW

Assuming there is no probable cause, the court instead decides the question of application of the good faith exception, erroneously putting the burden on the defendant to overcome the good faith exception, not putting on the government to prove the … Continue reading

Posted in Good faith exception | Comments Off on S.D.Ind. erroneously states there is a “presumption of good faith reliance” on a SW

CA2: 2011 CSLI seizure by SCA order valid under GFE

Defendant was convicted of international parental kidnapping. CSLI was obtained in 2011 by an order under the SCA without probable cause. The good faith exception applies. United States v. Zodhiates, 2018 U.S. App. LEXIS 23278 (2d Cir. Aug. 21, 2018):

Posted in Cell site location information, Good faith exception | Comments Off on CA2: 2011 CSLI seizure by SCA order valid under GFE

CA11: CSLI order was based on six week old precedent from this court; Davis GFE applies

This court held six weeks before the government obtained its SCA order for defendant’s CSLI that was the legal way to do it. Therefore, the good faith exception applied. “Here, the Government complied with the requirements of the SCA in … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on CA11: CSLI order was based on six week old precedent from this court; Davis GFE applies