Category Archives: Good faith exception

D.Mass.: Complete failure of PC denied govt GFE

The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the … Continue reading

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OH3: Arrest warrant issued without required sworn narrative was executed by other officers in good faith so no suppression

The arrest warrant didn’t have a sworn narrative because it wasn’t signed. The warrant was issued and entered into the state database. Officers executing the arrest warrant acted in good faith, and the arrest would not be suppressed. State v. … Continue reading

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N.D.Ala.: No REP in bank records under still settled law

“Petitioner argues that the IRS’s summonses to Bank of America and Regions Bank violate his Fourth Amendment rights. … The Eleventh Circuit recently considered and rejected a Fourth Amendment challenge to an IRS summons directed towards a bank because the … Continue reading

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CA7: Pre-Carpenter CSLI was valid in good faith reliance on SCA (Davis not cited)

Defendant’s pre-Carpenter CSLI gathering was challenged under the theory that the SCA statute was unconstitutional. It was done in good faith reliance on the statute under Krull v. Illinois, and there would be no exclusion. (Davis good faith is not … Continue reading

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D.Conn.: Warrantless CSLI obtained three years before Carpenter would not be excluded under Davis

Warrantless CSLI obtained three years before Carpenter would not be excluded under Davis. United States v. Blake, 2018 U.S. Dist. LEXIS 141895 (D. Conn. Aug. 20, 2018). “Here, Rivarola does not explain what, if anything, further investigation by his prior … Continue reading

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S.D.Ind. erroneously states there is a “presumption of good faith reliance” on a SW

Assuming there is no probable cause, the court instead decides the question of application of the good faith exception, erroneously putting the burden on the defendant to overcome the good faith exception, not putting on the government to prove the … Continue reading

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CA2: 2011 CSLI seizure by SCA order valid under GFE

Defendant was convicted of international parental kidnapping. CSLI was obtained in 2011 by an order under the SCA without probable cause. The good faith exception applies. United States v. Zodhiates, 2018 U.S. App. LEXIS 23278 (2d Cir. Aug. 21, 2018):

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CA11: CSLI order was based on six week old precedent from this court; Davis GFE applies

This court held six weeks before the government obtained its SCA order for defendant’s CSLI that was the legal way to do it. Therefore, the good faith exception applied. “Here, the Government complied with the requirements of the SCA in … Continue reading

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OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]

Police got a call about a man wielding a sword, and they stopped defendant. There was probable cause for him possessing a concealed long sword [how?]. Even if the officer was wrong, it wasn’t really wrong. “Short contends that Officer … Continue reading

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NJ: Dash cams videos not “records required to be kept” for FOIA but remanded for whether there is a common law right of access

Dash cam videos are not public records under the state open records law because they are not required by law to be kept. There might, however, be a common law right of access, and the case is remanded for a … Continue reading

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CA3 applies Davis GFE to Byrd on remand, and he loses

On remand from Byrd v. United States, 138 S. Ct. 1518, 200 L. Ed. 2d 805 (May 14, 2018), the Third Circuit applies the good faith exception to standing because the law at the time in the circuit was that … Continue reading

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S.D.Tex.: GFE applies without deciding PC (but the court actually does)

Without considering probable cause, the affidavit is not so “bare bones” that it couldn’t be relied upon. [Again, this court too subliminally decides the probable cause question while disavowing that it is doing so.] It was for child pornography and … Continue reading

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