Category Archives: Good faith exception

TX5: Pre-Jardines dog sniff was apparently valid at the time and wouldn’t be suppressed

Defendant’s home was subjected to a dog sniff a year before Jardines. Relying on that, the trial court suppressed. Because enough Texas cases held similar searches were valid prior to Jardines, the court concludes that the exclusionary rule would not … Continue reading

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Cal.5: Detaining visiting non-probationer during probation search was unreasonable

Defendant was visiting a friend when the friend’s PO showed up for an unannounced search. Defendant was detained, too. His detention was unreasonable. People v. Gutierrez, 2018 Cal. App. LEXIS 282 (5th Dist. Mar. 29, 2018). This defendant challenged the … Continue reading

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CA7: State’s use of state’s “John Doe” proceedings was shown to be in good faith

In the court’s second view of Wisconsin’s unique John Doe proceedings, the Seventh Circuit decides only the good faith exception and concludes that the reliance on state law and compliance with the Stored Communications Act was all in good faith. … Continue reading

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CA5: GFE applies to Texas DPS officers accessing E911 data to locate his phone with a court order (third opinion in case)

The good faith exception applies to Texas DPS officers accessing E911 data to locate his phone with a court order. [This is the third opinion in the case, and rehearing en banc was denied on a 7-8 vote.] United States … Continue reading

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S.D.Ind.: The sole fact of being a drug trafficker doesn’t provide nexus to house; something has to be shown, and it wasn’t and GFE doesn’t apply

Being a drug trafficker is not enough to search defendant’s home. The government had to show nexus, and it never did anywhere in the affidavit for search warrant. The affidavit for the search warrant was, in fact, so lacking in … Continue reading

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CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO

Search incident did not justify seizure of defendant’s cell phone when he was arrested because he’d been separated from the cell phone. The government’s claim that officers seizing the cell phone were proceeding under “direction of” defendant’s PO is rejected … Continue reading

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E.D.Pa.: Affidavit for CP didn’t show PC, but GFE still applies

The affidavit for this child pornography search warrant was conclusory as to alleged sexual activity of minors and did not show probable cause. It was, however, not so devoid of a showing that it wasn’t reasonable to rely on it … Continue reading

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FL5 following FL SCt: Davis GFE doesn’t apply to pre-Riley cell phone searches

On remand from the state supreme court, the Davis good faith exception does not apply in Florida to cell phone searches occurring before because there was no settled law, following Carpenter v. State, 228 So. 3d 535 (Fla. 2017). Burton … Continue reading

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CA10: The GFE question is “whether the affidavit is so facially deficient that reliance on a warrant issued in response to that affidavit cannot have been in good faith”

The question is not just probable cause; it’s whether it was reasonable for the officer to rely on a warrant that is not facially deficient. United States v. Knox, 2018 U.S. App. LEXIS 4791 (10th Cir. Feb. 27, 2018):

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M.D.Fla.: SW’s particularity had a reference back to “property connected with the above listed crime(s)” and that’s particular

Despite renting a hotel room in a false name, defendant had standing to challenge the search of the room because he rented it and he was sleeping there and had his stuff there. The search warrant was based on an … Continue reading

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KY: Police use of license plate reader violates no REP

Police use of a license plate reader that led to finding a warrant on the owner violated no reasonable expectation of privacy. Traft v. Commonwealth, 2018 Ky. LEXIS 68 (Feb. 15, 2018). In a state wiretapping case over the legal … Continue reading

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CA3: Playpen SW violated Rule 41 and 4A, but GFE saves the search

Playpen search warrant violated Fourth Amendment, but the good faith exception saves it. “For the reasons discussed below, we hold that the NIT warrant violated Rule 41(b). As a result, the magistrate judge not only exceeded her authority under the … Continue reading

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