Category Archives: Good faith exception

CA10: Catch-all phrase with “not limited to” in SW makes it overly general and no GFE

In an unpublished opinion (that will at least be in Federal Appendix), the Tenth Circuit holds that the use of a “catch-all” phrase and “not limited to” in a search warrant made it incurably overbroad. The court also held that … Continue reading

Posted in Good faith exception, Overbreadth, Particularity | Comments Off

E.D.Va.: Circuit authority doesn’t require SW for CSLI, so there’s no point in waiting for Carpenter

CSLI without a search warrant is permitted under the law of this circuit, so there’s no point in waiting for Carpenter to be decided. [Without explicitly saying it, Davis good faith exception will apply.] United States v. Simmons, 2017 U.S. … Continue reading

Posted in Burden of proof, Cell site location information, Good faith exception | Comments Off

N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading

Posted in Apparent authority, Arrest or entry on arrest, Computer searches, Good faith exception | Comments Off

CA2: Traffic stop ignored traffic inquiries and went into carrying drugs within 5 minutes; unreasonable under Rodriguez but valid at time, so GFE applies

“This appeal arises out of a traffic stop of Defendant-Appellant Brayan Gomez and his resulting judgment of conviction for heroin-trafficking …. During the five-minute traffic stop prompted by multiple traffic violations, the officers prolonged Gomez’s seizure by asking him narcotics-related … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off

AZ: State didn’t argue GFE and court gives it a pass

The state didn’t raise the good faith exception in the trial court, but the court applies the “we can affirm on any ground” rule to apply it anyway. State v. Weakland, 2017 Ariz. App. LEXIS 202 (Nov. 28, 2017):

Posted in Burden of pleading, Burden of proof, Good faith exception, Standards of review | Comments Off

LA5: Five armed robberies in a month was exigency for ping order; GFE applied, too

Police developed defendant as a suspect in a string of five armed robberies in a month, and they sought and obtained an exigent circumstances cell phone ping order of defendant’s phone. His argument is that there were no exigent circumstances … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off

D.Kan.: AOL’s TOS deny an objective REP in CP transmitted by email (on remand from CA10)

In the district court’s original opinion, reversed for reconsideration in United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the district court assumed defendant had a reasonable expectation of privacy in his emails. On remand, the court determines that … Continue reading

Posted in E-mail, Good faith exception | Comments Off

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

Posted in Emergency / exigency, Good faith exception, Probable cause | Comments Off

PA: One def pleads state constitution and wins, one doesn’t and loses

Birchfield came down after the blood draw in this case. Defendant only pled the Fourth Amendment and did not cite the state constitution. There is no good faith exception to the Pennsylvania exclusionary rule, but there is to the federal, … Continue reading

Posted in Good faith exception, State constitution | Comments Off

CA1: Using def’s keys to find his apt door was a “search” but it was still in GF even though that fact was in warrant application for apt

Defendant was arrested for drug dealing outside his apartment building. A search incident produced a set of keys. The police tried the keys on the apartment door until they worked. They didn’t enter but used the facts they’d developed plus … Continue reading

Posted in Good faith exception, Search | Comments Off

NE: Birchfield was decided day after def’s DUI conviction; GFE applies

Defendant was convicted of DUI the day before Birchfield was decided, and he moved for a new trial. The trial court denied the motion, and he appeals. The good faith exception applies to that which happened before Birchfield (without even … Continue reading

Posted in Drug or alcohol testing, Good faith exception | Comments Off

SD: Two months of pole camera surveillance without even RS violated a REP that society would recognize as reasonable; GFE applies, however

Defendant had a reasonable expectation of privacy that society is now prepared to recognize as reasonable from installation of a pole camera across the street from his house and monitoring it for two months based solely on a tip that … Continue reading

Posted in Good faith exception, Pole cameras, Reasonable expectation of privacy | Comments Off