Category Archives: Good faith exception

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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E.D.Tenn.: Stop was valid, but it was unreasonably extended in violation of Rodriguez

Defendant was validly stopped for a suspected traffic violation and the officer couldn’t see the state on the temporary tag. Once he stopped the car he could see it. Still, the officer could inform the motorist of the reason for … Continue reading

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OH5: GFE applies although affidavit for SW showed no nexus to house

The affidavit for the search warrant identified the suspects and what was to be searched for, but it said nothing about nexus to defendant’s house. Yet, the court finds that the search warrant was not bare bones based on supposition, … Continue reading

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W.D.Mich.: In a prison male group strip search, def female guard doesn’t show QI from how it was done

In a prison group strip search, “Defendant has failed to properly support her motion for summary judgment with relevant evidence showing the existence of a legitimate penological need for the group strip search and why her presence inside the Chapel … Continue reading

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CA11: GFE applies to particularity, too

The good faith exception applies to the particularity of this search warrant. It was reasonably narrow, and even if it could be narrowed more, it wasn’t obviously overbroad. United States v. Alford, 2018 U.S. App. LEXIS 21581 (11th Cir. Aug. … Continue reading

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