Category Archives: Good faith exception

CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. … Continue reading

Posted in Computer searches, F.R.Crim.P. 41, Good faith exception | Comments Off

IL sustains arrest for firearm where statute authorizing arrest was later declared unconstitutional

Defendant was stopped under a statute later declared unconstitutional. Distinguishing prior authorities applying state law, the court holds that the “void ab initio” doctrine does not apply here, and the arrest, valid at the time, did not require suppression of … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Good faith exception | Comments Off

CA10 assumes Playpen warrant violated Rule 41 and upholds it solely on GFE

Assuming that Playpen search warrant for child pornography in this case issued in the Eastern District of Virginia was unlawful, the good faith exception would still apply to them. There was no reason the officers would not rely on them … Continue reading

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FL declines to to apply Davis GFE where cell phone search issue was being actively litigated all over

Where everybody knew that the law wasn’t settled at the time of the search of defendant’s cell phone before Riley because the issue was being litigated everywhere and in this state, the state doesn’t get the benefit of the Davis … Continue reading

Posted in Cell phones, Good faith exception | Comments Off

PA can’t decide (tie vote) whether GFE permits use of product of a search where the underlying probable cause proves completely false

The Pennsylvania Supreme Court affirms on an equally divided vote whether suppression is required under the state constitution where the officer relied in good faith on an affidavit that turned out to be completely wrong. The opinion supporting affirmance notes … Continue reading

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CA7: State court following Davis GFE for pre-Jones GPS hardly unreasonable application of federal law under § 2254(d)

District Court [inexplicably] granted CoA for appeal of Wisconsin planting a GPS device a year before Jones which the state court of appeals held was saved by Davis good faith exception. State v. Oberst, 2014 WI App 58, 354 Wis. … Continue reading

Posted in Good faith exception, GPS / Tracking Data | Comments Off

TN: TN SCt has to adopt Herring under exclusionary rule; Ct.Crim.App. can’t

Despite the Tennessee Supreme Court’s recent changes in exclusionary rule jurisprudence, the court has not yet adopted Herring on good faith reliance on an out of date list. This court will not do it–that court has to. State v. McElrath, … Continue reading

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TN: Blood draw without consent was valid at the time it happened; therefore valid

Obtaining defendant’s blood draw without consent was a practice authorized by binding appellate precedent at the time it occurred. Therefore, the denial of defendant’s motion to suppress was appropriate because the officer was acting under a good faith belief that … Continue reading

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MO: Systemic negligence in officer’s preparation of SW affidavits showed GFE couldn’t be relied upon

On remand from State v. Robinson, 454 S.W.3d 428 (Mo. App. 2015), the only evidence in the record showed that the officer who prepared the affidavit was systemically negligent in the preparation of search warrant affidavits, and that precludes application … Continue reading

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S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

Posted in Consent, General warrant, Good faith exception, Overseizure | Comments Off

N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

Posted in Good faith exception, Nexus, Particularity | Comments Off

AR: Officer’s three week old knowledge of def’s suspended DL was RS for a stop

Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). There was enough probable cause … Continue reading

Posted in Good faith exception, Probable cause, Reasonable suspicion | Comments Off