Category Archives: Good faith exception

D.Ariz.: 4A IAC claim fails for failing to show how outcome would change and because 4A wasn’t violated

“Movant argues that the warrantless search and seizure of the victim’s blood-stained clothing violated his Fourth Amendment rights and that his trial counsel’s failure to challenge the search and seizure was ineffective assistance because ‘there exists more than a reasonable … Continue reading

Posted in Good faith exception, Ineffective assistance | Comments Off on D.Ariz.: 4A IAC claim fails for failing to show how outcome would change and because 4A wasn’t violated

S.D.Ga.: SW for this motel room wasn’t stale after two days

While a search warrant for a motel room, a more transient place than a home, might get stale faster, this one didn’t considering the nature of the allegations. “[B]ased on the totality of the circumstances, the evidence was not stale … Continue reading

Posted in Consent, Good faith exception, Staleness | Comments Off on S.D.Ga.: SW for this motel room wasn’t stale after two days

CA8: Cell tower warrant to ID robbers was reasonable and with PC

Cell phone tower warrant in an effort to solve multiple robberies by identifying repeated phone use was reasonable when the question is a “substantial basis,” which there was. United States v. James, 2021 U.S. App. LEXIS 20336 (8th Cir. July … Continue reading

Posted in Cell phones, Good faith exception, Particularity, Probable cause | Comments Off on CA8: Cell tower warrant to ID robbers was reasonable and with PC

CA11: Including omitted information under Franks still left PC

The omission here was not a Franks violation. “Here, even if Jackson’s statement had been included in the affidavit, it would not have tipped the balance. The officers still would have had probable cause to search the home, because the … Continue reading

Posted in Franks doctrine, Good faith exception, Third Party Doctrine | Comments Off on CA11: Including omitted information under Franks still left PC

CA6: CI’s PC doesn’t have to be decided because there was good faith

The district court erred in finding no probable cause on information from defendant’s CI and no good faith exception. The CI was stopped one day out of jail driving a stolen motorbike that he said came from defendant. “In the … Continue reading

Posted in Good faith exception, Informant hearsay, Probable cause, Reasonable suspicion | Comments Off on CA6: CI’s PC doesn’t have to be decided because there was good faith

RI: One-sentence description of alleged CP didn’t show PC

The twelve word one-sentence description of defendant’s alleged child pornography was insufficient to show probable cause. The court declines the state’s invitation to adopt the good faith exception without adequate briefing. State v. Reisner, 2021 R.I. LEXIS 87 (June 30, … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on RI: One-sentence description of alleged CP didn’t show PC

CA3: GFE saved CP search district court found lacked PC

Officers obtained a search warrant for defendant possessing child pornography based on his interest in unclothed children and taking pictures. The district court suppressed, but the good faith exception applies to save the search. The government appealed on both probable … Continue reading

Posted in Good faith exception, Probable cause, Seizure, Stop and frisk | Comments Off on CA3: GFE saved CP search district court found lacked PC

WI: Warrantless blood draw from incapacitated driver unconstitutional

Wisconsin’s statute allegedly permitting blood draws of incapacitated drivers is unconstitutional for lack of actual consent, but the good faith exception saves it today. State v. Prado, 2021 WI 64, 2021 Wisc. LEXIS 98 (June 18, 2021):

Posted in Drug or alcohol testing, Good faith exception | Comments Off on WI: Warrantless blood draw from incapacitated driver unconstitutional

D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

Where the officers impermissibly delayed obtaining a search warrant for defendant’s cell phone, the good faith exception does not apply. The initial seizure of the phone was valid because it was left at a crime scene. United States v. Tisdol, … Continue reading

Posted in Cell phones, Good faith exception, Staleness, Waiver, Warrant requirement | Comments Off on D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

CA3: Ghostwritten SW affidavit not a Franks violation because there was indisputably PC

A police officer’s admission at trial that the affidavit for search warrant was ghostwritten for him didn’t show a Franks violation because there clearly was probable cause. United States v. Ware, 2021 U.S. App. LEXIS 16568 (3d Cir. June 3, … Continue reading

Posted in Attenuation, Franks doctrine, Good faith exception, Probable cause | Comments Off on CA3: Ghostwritten SW affidavit not a Franks violation because there was indisputably PC

CA3: SW including “any and all cell phones” could be overbroad, but not here where there were only two

“Taylor contends that the description of ‘any and all cellular telephones’ contained in this warrant is overly broad and thus lacks the requisite particularity. Although a warrant allowing seizure of ‘any and all cellular telephones’ may be overbroad, this record … Continue reading

Posted in Good faith exception, Overbreadth | Comments Off on CA3: SW including “any and all cell phones” could be overbroad, but not here where there were only two

WA: Unverified belief in existence of arrest warrant required suppression

Unverified belief there was an arrest warrant for defendant required that the arrest and search be suppressed. State v. Pines, 2021 Wash. App. LEXIS 1223 (May 17, 2021). “Here, while the record is unclear as to when the outstanding warrant … Continue reading

Posted in Arrest or entry on arrest, Attenuation, Good faith exception, Probable cause, Staleness | Comments Off on WA: Unverified belief in existence of arrest warrant required suppression

NY2: Def’s driving over officer’s legs and ankles was attenuated from his alleged illegal stop

Defendant driving over the officer’s legs and ankles was attenuated from his alleged illegal stop. People v. Contreras, 2021 NY Slip Op 03048, 2021 N.Y. App. Div. LEXIS 3144 (2d Dept. May 12, 2021). “The County Court properly found that … Continue reading

Posted in Attenuation, Consent, Good faith exception, Waiver | Comments Off on NY2: Def’s driving over officer’s legs and ankles was attenuated from his alleged illegal stop

CA9: Going directly into pockets exceeded frisk power

Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021). … Continue reading

Posted in Consent, Good faith exception, Probable cause, Stop and frisk | Comments Off on CA9: Going directly into pockets exceeded frisk power

D.D.C.: 15 mo delay in cell phone search unreasonable and not saved by GFE

The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):

Posted in Cell phones, Good faith exception, Warrant execution | Comments Off on D.D.C.: 15 mo delay in cell phone search unreasonable and not saved by GFE

E.D.N.C.: Nexus can be established by inference

Nexus may be established by inference and not direct evidence. United States v. White, 2021 U.S. Dist. LEXIS 85454 (E.D. N.C. Mar. 17, 2021). Plaintiff was arrested and charged with two misdemeanors. Probable cause for one mooted consideration of the … Continue reading

Posted in Arrest or entry on arrest, Consent, Good faith exception, Nexus | Comments Off on E.D.N.C.: Nexus can be established by inference

CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

Posted in Administrative search, Cell site location information, Curtilage, Excessive force, Good faith exception, Reasonable suspicion | Comments Off on CA4: Trash container in open at curb was not on curtilage under Dunn factors

CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

Probable cause does not have to be decided where the good faith exception would apply. The warrant was for firearm evidence and had a cell phone search provision. If the cell phone provision was overbroad, that should be severed and … Continue reading

Posted in Good faith exception, Overbreadth, Overseizure, Probable cause | Comments Off on CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

“Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine, $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (‘MDENT’). I find that neither the … Continue reading

Posted in Good faith exception, Informant hearsay, Probable cause | Comments Off on S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting

Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading

Posted in Excessive force, Exclusionary rule, Good faith exception, GPS / Tracking Data, Ineffective assistance | Comments Off on E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting