CA10: GFE applies throughout: arguable PC overcomes allegation of lack of neutral detached magistrate, overbreadth, and even staleness

“This case calls for us to apply Leon where the judge who issued the search warrant was arguably not neutral and detached. Although we are unaware of any court applying the good faith exception in such circumstances, it is apparent from Leon itself that the good faith exception is applicable in this situation.” Reason: There was arguable probable cause. The warrant was not overbroad considering how it was executed and what was taken. Even the staleness question was subjected to the good faith exception. United States v. Villanueva, 2016 U.S. App. LEXIS 7880 (10th Cir. May 2, 2016).

Bail pending appeal is denied. While defendant presents an evidentiary admissibility issue, the SJC sees it differently and finds the challenged document was properly seized in any event. Commonwealth v. Mattier, 2016 Mass. LEXIS 253 (May 2, 2016).*

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