CA9: Dismissal of indictment for 4A extremely rare remedy; here, district court suppressed

Dismissal of the indictment for violations of the Fourth Amendment are strongly disfavored. Here, the district court suppressed the search, and the government dismissed counts. That’s remedy enough. United States v. Cano, 19-50240 (9th Cir. Aug. 31, 2021).

Where the affiant officer was at worst negligent in his assessment of probable cause for the warrant, the good faith exception still applies. United States v. Xiang, 20-1070 & 20-1071 (10th Cir. Sept. 8, 2021).

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