CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, 2018).

The state court issued ping order on a phone was the equivalent of the search warrant. It was issued with probable cause; but, even if not, the good faith exception applies. Defendant, however, had no standing to challenge the order because he didn’t own the phone. United States v. Noriega, 2018 U.S. Dist. LEXIS 79128 (D. N.D. May 8, 2018).*

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