Category Archives: Good faith exception

ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

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CA4: Playpen SW sustained

Playpen warrants (where the seized server was in the Eastern District of Virginia) were valid, and the good faith exception applied because it wasn’t readily apparent that the USMJ exceeded his or her jurisdiction or that that would be a … Continue reading

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S.D.Ohio: Facebook SW failed to show nexus to alleged hate crime, but GFE applies

Defendant is charged with a hate crime, and the government believed that he was involved with a group. The search warrant for his Facebook account failed to show nexus to get access to the non-public pages just because the group … Continue reading

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N.D.Iowa: Affidavit for SW was wholly deficient in showing nexus, and GFE does not save it

The affidavit for the search warrant for defendant’s house failed to show nexus to his house, and the affidavit on nexus was so deficient it doesn’t satsify the good faith exception. About all there was on the document was the … Continue reading

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TN proposes rule change to codify GFE it recently adopted

In re Amendments to the Tenn. Rules of Crim. Procedure, 2018 Tenn. LEXIS 2 (Jan. 9, 2018):

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AZ: Passenger in a vehicle has standing to contest GPS surveillance of vehicle, but here GFE applies because pre-Jones

The passenger in a vehicle subjected to GPS monitoring even for a few days and on public roads has standing to contest the monitoring. Here, however, the GPS device was placed in February 2010, more than two years prior to … Continue reading

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OH10: State law requirement of preserving additional testimony to get SW not violation of 4A; complete failure of PC means no GFE; the state has no 4A rights

Prior holding on complete failure of probable cause wasn’t cross-appealed by the state and remains law of the case. Ohio’s Rule 41 that includes that additional testimony besides the affidavit has to be transcribed and made part of the record … Continue reading

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PA: Nexus not shown for house, and no GFE under state law: def arrested blocks from home with firearm, and that doesn’t mean more at home

Defendant shot at a cop and committed other felonies. He was sentenced to 66-132 years. He was arrested as a prohibited person with a firearm blocks from his home. The state showed no nexus to the house for other evidence … Continue reading

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E.D.Mich.: Warrantless CSLI valid no matter how Carpenter comes out

CSLI information was obtained without a court order. Despite Carpenter being argued November 29th, the current law is that this wasn’t unreasonable. If Carpenter wins, defendant can move to reconsider. [What an empty gesture that is.] United States v. Arnold, … Continue reading

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NJ: Failure of affidavit for SW to say which apartment was def’s was fatal error under state const.

There was a reasonable basis for finding probable cause that drug sales were occurring from defendant’s house, but the affidavit for the warrant failed to show which apartment in a 30 unit complex was his. Since New Jersey doesn’t recognize … Continue reading

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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

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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

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