Category Archives: Good faith exception

E.D.Ky.: Carpenter doesn’t apply to CSLI gathered 17 months before under GFE

In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. … Continue reading

Posted in Abandonment, Cell site location information, Good faith exception | Comments Off on E.D.Ky.: Carpenter doesn’t apply to CSLI gathered 17 months before under GFE

E.D.Mich.: Carpenter doesn’t apply where CSLI was obtained nearly a year before

The SCA request for CSLI was issued here nearly a year before Carpenter. The good faith exception applies, and there will be no exclusion. United States v. Williams, 2018 U.S. Dist. LEXIS 129639 (E.D. Mich. Aug. 2, 2018):

Posted in Cell site location information, Good faith exception | Comments Off on E.D.Mich.: Carpenter doesn’t apply where CSLI was obtained nearly a year before

N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC

In an investigation into job promotion and hiring fraud in the Cook County Circuit Clerk’s office, a cell phone search warrant was issued, and it was with probable cause. “Because the affidavit established probable cause to believe that Beena’s cell … Continue reading

Posted in Cell phones, Cell site location information, Good faith exception | Comments Off on N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC

D.N.M.: GFE applies to CA10’s Ackerman that NCMEC is not a private searcher

In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant’s search was 2012, and the court applies the good faith exception. At … Continue reading

Posted in Good faith exception, Ineffective assistance | Comments Off on D.N.M.: GFE applies to CA10’s Ackerman that NCMEC is not a private searcher

N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading

Posted in Cell site location information, Good faith exception, Standing | Comments Off on N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

Posted in Good faith exception, Particularity | Comments Off on CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

TN: Failure to leave copy of SW mere technical error

Defendant had her blood drawn by search warrant, and the officer failed to leave a copy of the warrant with her. The trial court granted her motion to suppress, and the court of criminal appeals affirmed. Reversed: The mere nonprejudicial … Continue reading

Posted in Good faith exception, Warrant execution | Comments Off on TN: Failure to leave copy of SW mere technical error

CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE

The Ninth Circuit recognizes judicial abandonment under the neutral and detached magistrate requirement, but defendant here still loses. The officers arresting him on the warrant weren’t there when the judicial officer failed to read the papers, and they had no … Continue reading

Posted in Good faith exception, Neutral and detached magistrate | Comments Off on CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE

S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

Posted in Cell site location information, Good faith exception, Plain view, feel, smell | Comments Off on S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC

Defendant service member had sex with another service member, allegedly taking pictures and videos of her. Then he allegedly tried to extort her over the pictures, which she reported. A search authorization was issued for defendant’s on base housing to … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC

WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading

Posted in Exclusionary rule, Good faith exception | Comments Off on WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

CA9: PC is a close question, and that’s good enough for GFE

“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading

Posted in Franks doctrine, Good faith exception, Probable cause | Comments Off on CA9: PC is a close question, and that’s good enough for GFE