M.D.Fla.: Positive UA is RS for a search of a probationer’s home

A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022).

“To prevail on a Fourth Amendment claim for false arrest, Johnson must establish that Osborne was arrested without probable cause.” “The probable cause balance favors the government when an arrest is executed pursuant to a warrant.” “Because Myers arrested Osborne pursuant to a facially valid warrant, we presume that the warrant and the information in support of it are valid.” Plaintiff’s arguments are irrelevant to the probable cause analysis. Johnson v. Myers, 2022 U.S. App. LEXIS 31654 (7th Cir. Nov. 16, 2022).*

“Turner argues that the district court erred by denying his suppression motion because the affidavit submitted in support of the search warrant failed to establish probable cause. To that end, he contends that the ‘affidavit relied on self-serving, unreliable statements from a dubious informant.’ But even if that is true, the Supreme Court has held that the exclusionary rule does not apply when the evidence at issue was ‘seized in reasonable, good-faith reliance on a search warrant that is subsequently held to be defective.’ United States v. Leon, …” The CI was adequately supported for at least the good faith exception. United States v. Turner, 2022 U.S. App. LEXIS 31861 (6th Cir. Nov. 17, 2022).*