N.D.Tex.: PC and GFE questions were close, and that’s good enough

The search warrant survives both a finding of probable cause and application of the good faith exception: “Here, the Court agrees with Defendant that the affidavit at issue presents a ‘close call’ as to whether the good-faith exception applies and whether probable cause existed for the magistrate to issue the warrant. But in considering the totality of the circumstances, the Court finds that the affidavit was not ‘bare bones,’ and the good-faith exception thus applies in this case. The affidavit sets forth sufficient specific details about the CI’s presence at 3122 Orange Street to survive the ‘bare bones’ analysis under binding Fifth Circuit precedent. It also provides sufficient detail regarding the CI’s veracity and reliability for the magistrate to have found probable cause. The executing Task Force Officers, therefore, had an objectively reasonable basis to believe in the validity of the warrant.” United States v. Vazquez-Ochoa, 2024 U.S. Dist. LEXIS 163813 (N.D. Tex. Sep. 10, 2024).* As a former USMJ in my state put it once: If the probable cause question is close and I can’t say there was or wasn’t, how could the police?

“If substantial time had elapsed between the [broadcast] description and apprehension of Mr. Cantey, the defense argument would carry greater force. But here, officers had not only a description, but Mr. Cantey was first observed walking away from the Quick Mart which was consistent with the report from dispatch.” His actions and body language suggested he had a gun with an elastic waistband. crime, “and in fact the officers were specifically detailed there because of the persistent problems encountered in the neighborhood. Finally, as soon as police asked him to ‘come here,’ he took flight.” United States v. Cantey, 2024 U.S. Dist. LEXIS 163257 (E.D. Pa. Sep. 11, 2024).*