D.Neb.: Can’t prove judge issuing SW was a “rubberstamp” for the police when there was, in fact, probable cause

When arguing that the good faith exception does not apply, the “wholly abandoned his judicial role” exception needs an offer of proof. If, however, there is, in fact, probable cause, how do you prove that? You can’t. United States v. Thompson, 2016 U.S. Dist. LEXIS 40215 (D.Neb. Feb. 19, 2016)

COA petitioner had a “full and fair opportunity to litigate” the search in state court and lost. “She argues, instead, that the state courts could not have ‘possibly’ applied the correct legal standards because it is ‘manifestly evident’ that the October 17, 2007 warrant is overbroad on its face and, yet, the state courts reached the opposite conclusion. She further asserts the OCCA’s resolution of the claim was ‘brief and conclusory.’” It was decided on the merits, and that’s binding. Salado v. Aldridge, 2016 U.S. App. LEXIS 5892 (10th Cir. March 31, 2016).