{"id":18856,"date":"2015-09-17T06:30:48","date_gmt":"2015-09-17T11:30:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18856"},"modified":"2015-09-17T16:12:58","modified_gmt":"2015-09-17T21:12:58","slug":"ca9-vague-uncorroborated-anonymous-tip-could-not-support-warrant-and-the-good-faith-exception-cannot-apply","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=18856","title":{"rendered":"CA9: Vague uncorroborated anonymous tip could not support warrant, which was also overbroad, and the good faith exception cannot apply"},"content":{"rendered":"<p>Officers received a vague anonymous tip relayed through an apartment manager about a tenant having ten pounds of marijuana. They were able to somehow link it to defendant, and they did a knock-and-talk. Defendant admitted to being a medical marijuana user, had an MMJ card, and admitted to a personal amount. The officers went to get a search warrant, and the information they had clearly was not enough for a search warrant. Then, the search warrant was way overbroad in what it was looking for, including photographs and digital media when all they had was a vague and completely uncorroborated tip about possession of ten pounds. The motion to suppress was properly granted, and the good faith exception to the exclusionary rule cannot apply to a search warrant as lame as this one. [This case was so obvious that this opinion is unpublished.] <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2015\/09\/15\/14-30110.pdf\">United States v. Embry<\/a>,  2015 U.S. App. LEXIS 16415 (9th Cir. September 15, 2015):<br \/>\n<!--more--><\/p>\n<blockquote><p>Because of their reliance on the uncorroborated, anonymous tip, police officers crafted a warrant for drug trafficking and carried out a search aimed at uncovering evidence of drug trafficking. First, suppression would punish the police officers&#8217; misconduct. Second, all of the errors in this case arise from the conduct of the police officers because the source of the error was the officers&#8217; reliance on the uncorroborated, anonymous tip. Third, a decision affirming the district court will have the significant deterrent effect on police misconduct that the exclusionary rule is meant to provide.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Officers received a vague anonymous tip relayed through an apartment manager about a tenant having ten pounds of marijuana. They were able to somehow link it to defendant, and they did a knock-and-talk. Defendant admitted to being a medical marijuana &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=18856\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,44],"tags":[],"class_list":["post-18856","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-informant-hearsay"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18856","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18856"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18856\/revisions"}],"predecessor-version":[{"id":18873,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18856\/revisions\/18873"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18856"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18856"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18856"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}