Category Archives: Good faith exception

CA4: Carpenter didn’t apply under Davis GFE where circuit law didn’t require warrant before

Carpenter doesn’t apply under Davis good faith exception where circuit law didn’t require a warrant before. Besides, here it was harmless at best. United States v. Chavez, 2018 U.S. App. LEXIS 18022 (4th Cir. July 2, 2018):

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M.D.N.C.: Calling def a “suspect” in the affidavit for SW for his house, without more, isn’t PC and the GFE doesn’t apply

Defendant was identified as a “suspect” in a shooting, but the police provided nothing to the issuing magistrate that even suggested how. The affidavit for the search warrant of defendant’s home was “bare bones,” and the good faith exception can’t … Continue reading

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CA6: SW affidavit was so lacking in evidence that it did not show PC; def’s criminal record not enough; SW affidavit so lacking, no GFE

To determine whether the warrant affidavit supported probable cause to search defendant’s residence under Fourth Amendment, the court was required to assess the significance of each piece of evidence relied upon. Then it considers all the evidence together to determine … Continue reading

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CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied

A Tornado bus was stopped in Arkansas, and the Arkansas State Trooper was looking for unmarked bags that could be considered abandoned because unmarked bags on Tornado buses were being used to ferry drugs. While searching the bag, the officer … Continue reading

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NE: A pre-Birchfield warrantless blood draw would not be excluded under GFE

A blood draw that predated Birchfield was valid under the good faith exception. “Because the good faith exception applies, the district court erred in reversing Hatfield’s conviction.” State v. Hatfield, 300 Neb. 152 (June 8, 2018). Two controlled buys by … Continue reading

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NJ: “Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable

“Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable. Here, however, there was a private search by defendant’s brother, and the exclusionary rule doesn’t apply. State ex rel. J.A., 2018 N.J. LEXIS 713 … Continue reading

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D.S.C.: Cut and paste “clerical error” on address of place to be searched was overcome by GFE

Officers sought a search warrant for defendant’s house at 2681 Houston Street. The search warrant itself, obviously called up on a computer from another case, had 3438 Navajo Street, and nobody noticed the difference, including the judge who reviewed the … Continue reading

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M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance … Continue reading

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

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CA4: Forensic border search of cell phone “non-routine” but GFE applies

An intensive forensic search of an outbound noncitizen’s cell phone required at least reasonable suspicion and maybe a warrant under Riley. Case law, however, uniformly says not at the time this happened, so the search is valid under the good … Continue reading

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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, … Continue reading

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D.N.J.: Previous finding of good faith applies to later Franks challenge

Defendant had already filed a suppression motion and lost on good faith. Now he files a motion based on Franks that statements of witnesses in quote marks weren’t accurate. The previous finding of good faith carries over to here, and … Continue reading

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