D.Kan.: Omission of text messages from wiretap order was inadvertent and saved by GFE

A wiretap order [inadvertently] failed to include “electronic communications” in his search clause but the officers and the judge talked about it. This is Sheppard good faith. “The Court finds that the issuing judge and executing officers both understood the intended scope of the wiretap authorization, and that the authorization included interception of text messages. The Court also finds that the officers’ reliance on this understanding was ‘objectively reasonable.’ See Massachusetts v. Sheppard, 468 U.S. 981, 989-90 (1984) (‘[W]e refuse to rule that an officer is required to disbelieve a judge who has just advised him, by word and by action, that the warrant he possesses authorizes him to conduct the search he has requested.’). As a result, the KBI’s interception of text messages falls within the good-faith exception to the Fourth Amendment’s exclusionary rule, and the Court refuses to suppress them on the basis that the orders authorized interception of wire communications only.” United States v. Banks, 2014 U.S. Dist. LEXIS 120779 (D. Kan. August 29, 2014).