D.S.D.: Issuing magistrate shown not to be neutral and detached in issuing SW wholly lacking in PC

A tribal judge was not a neutral and detached magistrate, and the good faith exception did not apply. The application for the search warrant was technically deficient in both form (lacking a prosecutor’s signature) and substance (completely lacking probable cause), and the magistrate admitted that no application for a search warrant had ever been rejected or sent back for more information. And, it did, in fact, lack probable cause, and it was so lacking in showing a connection to defendant’s home that the good faith exception did not apply. The officer couldn’t even link drugs found to defendant, let alone to defendant’s property. United States v. Rodriguez, 2020 U.S. Dist. LEXIS 192070 (D. S.D. Oct. 15, 2020).

There was reasonable suspicion for defendant’s parole search of his vehicle. United States v. Harden, 2020 U.S. Dist. LEXIS 191843 (M.D. Pa. Oct. 16, 2020).*

This entry was posted in Good faith exception, Neutral and detached magistrate, Nexus, Reasonable suspicion. Bookmark the permalink.

Comments are closed.