Omission from the affidavit for search warrant that five prior searches at defendant’s residence for drugs had proved fruitless was not material where there was a separate showing of probable cause for this search warrant. The good faith exception also applies. United States v. Webb, 2017 U.S. Dist. LEXIS 52704 (E.D. N.C. April 6, 2017):
Although defendant has not proffered evidence demonstrating this to be true, for the sake of analysis the Court will assume that five previous searches were conducted at the premises which failed to uncover narcotics. Even if true, defendant has not shown that such an omission was critical to the finding of probable cause by the magistrate because the affidavit contained ample other evidence which would support a finding of probable cause. The affidavit outlined a 15 year investigation undertaken by investigators which consisted of multiple enforcement actions, including controlled purchases, seizures, search warrants, consent searches, surveillance, information from cooperating witnesses, and a Title III wiretap. [DE 700-1 at 7-28]. The affidavit further stated that, based on the investigation, law enforcement had learned that the defendant used the subject residence to store drug proceeds and to sell, manufacture and distribute crack cocaine, and that recent surveillance had confirmed to investigating officers that the drug trafficking organization operating in the same manner in 2015 as it had in 2000. Id. Based on the foregoing, the Court finds that the Magistrate Judge was not misled by the omission of information that five previous searches of the residence had failed to uncover narcotics because there was sufficient other evidence to support a finding of probable cause.