Category Archives: Good faith exception

TN: Failure to leave copy of SW mere technical error

Defendant had her blood drawn by search warrant, and the officer failed to leave a copy of the warrant with her. The trial court granted her motion to suppress, and the court of criminal appeals affirmed. Reversed: The mere nonprejudicial … Continue reading

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CA9: Def shows issuing magistrate on arrest warrant wasn’t neutral and detached, but he still loses to GFE

The Ninth Circuit recognizes judicial abandonment under the neutral and detached magistrate requirement, but defendant here still loses. The officers arresting him on the warrant weren’t there when the judicial officer failed to read the papers, and they had no … Continue reading

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S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

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NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC

Defendant service member had sex with another service member, allegedly taking pictures and videos of her. Then he allegedly tried to extort her over the pictures, which she reported. A search authorization was issued for defendant’s on base housing to … Continue reading

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WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed

Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading

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CA9: PC is a close question, and that’s good enough for GFE

“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading

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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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