CA3: GFE saved CP search district court found lacked PC

Officers obtained a search warrant for defendant possessing child pornography based on his interest in unclothed children and taking pictures. The district court suppressed, but the good faith exception applies to save the search. The government appealed on both probable cause being shown and good faith. On appeal, only good faith need be decided, and it was objectively reasonable to rely on the warrant. United States v. Caesar, 2021 U.S. App. LEXIS 18692 (3d Cir. June 23, 2021).

“We conclude that, under the totality of the circumstances, defendant was seized at the time that Kendoll asked defendant to consent to the patdown. We discuss the factors that lead us to that conclusion below. We emphasize that, although no single act of the troopers may have constituted a seizure of defendant, we do not view each action or the surrounding circumstances in isolation but analyze the encounter as a whole.” State v. Prouty, 312 Ore. App. 495, 2021 Ore. App. LEXIS 859 (June 23, 2021).*

This entry was posted in Good faith exception, Probable cause, Seizure, Stop and frisk. Bookmark the permalink.

Comments are closed.