Category Archives: Good faith exception

CA7 decides Franks IAC claim on merits: there is PC and the GFE applies; the issuing magistrate was not intentionally or recklessly misled

Defendant raised a Franks IAC claim, and the Seventh Circuit deals with the merits of the claim to determine that there was no Fourth Amendment violation, therefore no IAC. The district court concluded there was no probable cause but the … Continue reading

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CA6 declines to decide a clear 4A PC issue that would result in affirmance just to decide on good faith

The search warrant was based on three controlled buys out of defendant’s house. Instead of just saying that that is probable cause, which it obviously is (although the panel kind of merely suggests it might be a close call by … Continue reading

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OK: Trial court’s granting motion to suppress without even considering GFE on state’s request was an abuse of discretion

The trial court abused its discretion in granting the motion to suppress the search warrant without even considering the good faith exception after the state raised it. State v. Haliburton, 2018 OK CR 28, 2018 Okla. Crim. App. LEXIS 28 … Continue reading

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E.D.Ky.: Carpenter doesn’t apply to CSLI gathered 17 months before under GFE

In January 2017, defendant was in a car where the driver was arrested, and he was detained too. Calls were made from their cell phones to tell the codefendant’s father to “clean out” the house before a search warrant arrived. … Continue reading

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E.D.Mich.: Carpenter doesn’t apply where CSLI was obtained nearly a year before

The SCA request for CSLI was issued here nearly a year before Carpenter. The good faith exception applies, and there will be no exclusion. United States v. Williams, 2018 U.S. Dist. LEXIS 129639 (E.D. Mich. Aug. 2, 2018):

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N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC

In an investigation into job promotion and hiring fraud in the Cook County Circuit Clerk’s office, a cell phone search warrant was issued, and it was with probable cause. “Because the affidavit established probable cause to believe that Beena’s cell … Continue reading

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D.N.M.: GFE applies to CA10’s Ackerman that NCMEC is not a private searcher

In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant’s search was 2012, and the court applies the good faith exception. At … Continue reading

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N.D.Ga.: Pre-Carpenter CSLI obtained without search warrant is admissible under GFE

Pre-Carpenter CSLI obtained without search warrant is admissible under Davis good faith exception. United States v. Hearst, 2018 U.S. Dist. LEXIS 126005 (N.D. Ga. July 3, 2018), adopted 2018 U.S. Dist. LEXIS 125791 (N.D. Ga. July 27, 2018). The search … Continue reading

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CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

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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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