Category Archives: Good faith exception

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

Posted in Good faith exception, Probable cause | Comments Off on OH4: In applying GFE, court isn’t bound by the “four corners” rule because Leon requires “all the circumstances” be considered

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

Posted in Cell site location information, Good faith exception, SCOTUS | Comments Off on CA6 applies GFE to Carpenter on remand, and he still loses

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

Posted in Choice of law, Drug or alcohol testing, Exclusionary rule, Good faith exception | Comments Off on AZ: Choice of law, exclusionary rule, and GFE

CA7: Def’s texting photos of a firearm to others that police saw was an independent source for the search

Defendant had texted a copy of a photograph of his AK-47 on his cell phone to another, and the police saw it. That gave cause and an independent source to search the phone for it. “We agree with the district … Continue reading

Posted in Good faith exception, Independent source | Comments Off on CA7: Def’s texting photos of a firearm to others that police saw was an independent source for the search

CA6 (en banc): The question of PC isn’t even close, and the GFE applies

The question of probable cause isn’t even close, and the good faith exception applies. United States v. Christian, 2019 U.S. App. LEXIS 16322 (6th Cir. May 31, 2019) (en banc). (The dissent is concerned about use of criminal history as … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on CA6 (en banc): The question of PC isn’t even close, and the GFE applies

N.D.Okla.: While an attachment was missing from the official SW it was at the scene of the search, so no prejudice

The government conceded that Attachment C to the mail search warrant was missing from it, and thus that it led to a potentially overbroad search. The search team, however, all had copies of Attachment C, and it was at the … Continue reading

Posted in Good faith exception, Warrant execution | Comments Off on N.D.Okla.: While an attachment was missing from the official SW it was at the scene of the search, so no prejudice

E.D.Ky.: Officer consulting prosecutor about SW before issuance is a factor in GFE

The officer’s consulting a prosecutor on the search warrant isn’t conclusive on good faith, but it is an important factor. United States v. Anderson, 2019 U.S. Dist. LEXIS 90265 (E.D. Ky. May 29, 2019). There was probable cause for the … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off on E.D.Ky.: Officer consulting prosecutor about SW before issuance is a factor in GFE

DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

A D.C. police car stopped, backed up, and four officers got out of the car, walked over to defendant, and told him to “get up.” A reasonable person would not have believed he was free to leave, and this stop … Continue reading

Posted in Good faith exception, Ineffective assistance, Reasonableness | Comments Off on DC: To get the benefit of Heien mistake of law, there has to be something that shows the law mistakenly applied actually applied, and here it didn’t

N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE

The Court Martial judge erred in concluding that a particular major had authority to authorize searches of appellant’s body, office, and personal property because she was not a “commander” for the purposes of Mil. R. Evid. 315 even though her … Continue reading

Posted in Good faith exception, Military searches | Comments Off on N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE

OK: State blood draw statute was suspect, but GFE applies

The state blood draw is constitutionally suspect, but the court doesn’t have to go there. The officer’s actions in relying on it was still good faith. Stewart v. State, 2019 OK CR 6, 2019 Okla. Crim. App. LEXIS 8 (May … Continue reading

Posted in Drug or alcohol testing, Good faith exception, Probation / Parole search | Comments Off on OK: State blood draw statute was suspect, but GFE applies

M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019), adopted, 2019 U.S. … Continue reading

Posted in Cell site location information, Drug or alcohol testing, Good faith exception | Comments Off on M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required

Officer’s experience alone that drugs and paraphernalia are often kept at the alleged dealer’s home does not satisfy the good faith exception. There must also be some facts connecting the house to the drug offense away from the home. United … Continue reading

Posted in Good faith exception, Nexus | Comments Off on N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required