CA3: There was PC on the totality of the SW affidavit despite its alleged “slapdash” format; courts don’t grade warrant requests except for totality

There is probable cause on the totality of the affidavit. Defendant challenges the lack of order and “slapdash” nature of the showing. Courts don’t grade warrant applications for style, just substance. United States v. Wilson, 2021 U.S. App. LEXIS 9619 (3d Cir. Apr. 2, 2021):

Bower seizes upon the fact that the allegations in the affidavit were not in chronological order and argues that “the slapdash nature of the affidavit successfully camouflaged the absence of probable cause.” We do not, of course, grade an affidavit for organization or style. Rather, we need only determine if the totality of averments establish probable cause to search and describe the premises to be searched and evidence to be seized with sufficient particularity. Despite any shortcomings, the disputed affidavit contained information from confidential informants, intercepted phone calls and surveillance of Wakim entering Bower’s residence following controlled buys of illegal drugs. Bower focuses on two inconsistencies in the affidavit in arguing that the evidence should have been suppressed. However, notwithstanding any inconsistencies, the averments based upon a wiretap and physical surveillance were sufficient to establish probable cause to search his residence.

Moreover, even if probable cause had not been established, the evidence seized from his residence clearly fell within the good faith exception to the warrant requirement. Evidence obtained using an invalid warrant is still admissible if “an officer executes a search in objectively reasonable reliance on a warrant’s authority.”