Category Archives: Good faith exception

Cal.2: SWs must be executed reasonably, and facts determine who has the burden of proof

A search warrant must be executed reasonably, and it depends on which side has knowledge of what for the burden of proof. Here, the issue involves a blood draw at a hospital, and defendant has access to that information, and … Continue reading

Posted in Burden of proof, Good faith exception, Warrant execution | Comments Off on Cal.2: SWs must be executed reasonably, and facts determine who has the burden of proof

CA9: PC was so lacking for two tracking warrants that GFE does not apply

Probable cause for two tracking warrants was so completely lacking that it was unreasonable to rely on them, and the good faith exception does not apply. United States v. Lopez-Zuniga, 2018 U.S. App. LEXIS 33096 (8th Cir. Nov. 26, 2018):

Posted in Good faith exception, Probable cause, Tracking warrant | Comments Off on CA9: PC was so lacking for two tracking warrants that GFE does not apply

TX1: No REP in a contraband cell phone in a halfway house

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading

Posted in Cell phones, Good faith exception, Probation / Parole search, Reasonable expectation of privacy | Comments Off on TX1: No REP in a contraband cell phone in a halfway house

W.D.N.Y.: PC was a close call, so the court finds GFE applies instead

Probable cause is a close call here. The USMJ found probable cause and that the good faith exception applied. On review of the R&R, the court applies only the good faith exception to find the search valid. United States v. … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on W.D.N.Y.: PC was a close call, so the court finds GFE applies instead

FL4: Violating statute obtaining CSLI in 2001 suppressed, and no GFE

Police obtained defendant’s CSLI in 2001 by subpoena and without a court order contrary to statute. Defendant argued a search warrant was required. Then Carpenter was decided in 2018 requiring a warrant. The state violated the statute requiring a court … Continue reading

Posted in Cell site location information, Good faith exception | Comments Off on FL4: Violating statute obtaining CSLI in 2001 suppressed, and no GFE

CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required

Defendant’s wife had a seizure and stopped breathing at 5 am. He called 911. The police secured the home and denied him access. They obtained alleged consent after a few hours. They didn’t get a search warrant until 10 pm … Continue reading

Posted in Consent, Exclusionary rule, Good faith exception, Seizure | Comments Off on CA10: 17 hour seizure of def’s home while investigating wife’s OD was unreasonable; consent was product of the illegal seizure; exclusion required

ID: Affidavit for SW doesn’t have to be signed in judge’s presence

The search warrant was properly issued on affidavit. It didn’t have to be signed in the presence of the judge. An oral affidavit has to be, but this isn’t. State v. Hensley, 2018 Ida. App. LEXIS 49 (Nov. 16, 2018). … Continue reading

Posted in Cell site location information, Good faith exception, Warrant requirement | Comments Off on ID: Affidavit for SW doesn’t have to be signed in judge’s presence

D.Minn.: Second SW cured defects in first

First search warrant probably violated the Fourth Amendment, but another was sought that omitted everything about the first search warrant, including what was found. The second was valid, and the good faith exception applied. United States v. Eggerson, 2018 U.S. … Continue reading

Posted in Good faith exception, Independent source | Comments Off on D.Minn.: Second SW cured defects in first

CA4: Info known by officer but not included in affidavit can be considered in applying GFE

Defendant’s phone was lawfully seized incident to his arrest and then geting a search warrant. “We agree with the district court that the evidence obtained from Thomas’s phone is admissible under Leon. Our precedents make clear that in assessing an … Continue reading

Posted in Good faith exception | Comments Off on CA4: Info known by officer but not included in affidavit can be considered in applying GFE

M.D.Fla.: Whether a state court judge could issue a ping order that crossed state lines is governed by GFE

A state court judge issued a ping order and the phone crossed state lines. Was it a tracking order or an SCA order? “The Court sees no need to venture further into the quagmire of tracking devices, the SCA, and … Continue reading

Posted in Good faith exception, Tracking warrant | Comments Off on M.D.Fla.: Whether a state court judge could issue a ping order that crossed state lines is governed by GFE

CA6: Affidavit for SW failed both PC and nexus, but GFE applied: affidavit was detailed and 62 pages

The affidavit for the search warrant here failed to show both probable cause and nexus, and the court details why. However, the 62 page detailed affidavit detailing the whole investigation was not bare bones by any means, and the good … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on CA6: Affidavit for SW failed both PC and nexus, but GFE applied: affidavit was detailed and 62 pages

OH5: To prove GFE doesn’t apply, the defense has to show bad faith [never mind that the burden is on the govt in GFE]

Officers could conduct a protective sweep when executing a search warrant. “In the case at hand, there was no testimony regarding bad faith on part of the officers who searched the residence where Appellant was hiding.” State v. Davis, 2018-Ohio-4368, … Continue reading

Posted in Burden of proof, Good faith exception, Probable cause | Comments Off on OH5: To prove GFE doesn’t apply, the defense has to show bad faith [never mind that the burden is on the govt in GFE]