Category Archives: Good faith exception

CA11: 4A IAC claim fails on merits of search issue

Petitioner’s IAC claim against defense counsel for not pursuing a Fourth Amendment claim was properly denied for lack of standing on the merits. Virgil v. Sec’y, Dept. of Corrections, 2019 U.S. App. LEXIS 23777 (11th Cir. Aug. 8, 2019).* Defendant’s … Continue reading

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E.D.N.Y.: Violation of NYC bicycle ordinance and evasiveness justified arrest and search incident

Violation of the NYC bicycle use ordinance justifies arrest if necessary, and defendant was riding his bike on the sidewalk. “Here, the officers’ search of Defendant was incident to the lawful stop of Defendant for a bicycle traffic infraction, that … Continue reading

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M.D.Pa.: On remand of Byrd, GFE applied to standing issue

On the Sixth Circuit’s remand of Byrd v. United States, 138 S.Ct. 1518 (2018), to the District Court, the court finds the good faith exception applies to standing issues arising before it was decided. United States v. Byrd, 2019 U.S. … Continue reading

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NY1: Parole officer’s search of def on arrest revealed gun; trial court erred in suppressing

Defendant’s parole officer had a warrant for defendant, and a patdown with the arrest resulted in plain feel of a gun. The trial court erred in suppressing the gun because it was validly found. People v. Jennings, 2019 NY Slip … Continue reading

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N.D.Iowa: It is proper for court to focus on pre-warrant police activities in deciding GFE question

Focusing on the officer’s pre-warrant activities, the court finds that their conduct in entering defendant’s hotel room was unreasonable and in violation of the Fourth Amendment. Thus, the good faith exception should not apply because it’s not reliance on the … Continue reading

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C.D.Ill.: Prior judicial complaints of thin PC from officer go unheeded, but this SW survives GFE anyway

The district court once chided the officer here for a lackadaisical attitude toward showing probable cause with thin facts. The Seventh Circuit concurred but upheld it. And, the officer does it again. Commenting on the past, the court finds it … Continue reading

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S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading

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S.D.Ga.: Oral military search authorizations do not violate 4A or Rule 41

Oral search warrant requests and authorizations under M.R.E. 315 do not violate the Fourth Amendment or Rule 41. Many cases so hold. The violation of the SOP manual for military magistrates wasn’t serious enough to justify suppression nor prevent the … Continue reading

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E.D.Mich.: Second SW issued three weeks after first had no additional information to overcome staleness; no GFE

Defendant was the target of a search warrant. Three weeks later, police obtained another search warrant using the prior information attempted to be supplemented by defendant’s Facebook page. There was also a failed controlled buy there. There was insufficient new … Continue reading

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E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading

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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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