CA6 declines to decide a clear 4A PC issue that would result in affirmance just to decide on good faith

The search warrant was based on three controlled buys out of defendant’s house. Instead of just saying that that is probable cause, which it obviously is (although the panel kind of merely suggests it might be a close call by its citation of authority, but it is dodging the probable cause issue), the court instead decides the case on the good faith exception. United States v. Robinson, 2018 U.S. App. LEXIS 21522 (6th Cir. Aug. 3, 2018). [This shows that, in the Sixth Circuit at least, the good faith exception is more important than probable cause, which pulls the probable cause requirement inside out. If the probable cause issue is close, show why it is close, and then move to the good faith exception. Don’t be judicially dishonest and just decide good faith. The Fourth Amendment has a probable cause requirement, remember?]

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