{"id":2247,"date":"2008-07-11T06:03:21","date_gmt":"2008-07-11T05:54:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-11T05:54:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2247","title":{"rendered":"Facts showed nexus and supported good faith exception at the same time"},"content":{"rendered":"

Based on all the facts before the issuing magistrate, it was reasonable to conclude that the items sought would be found in the place to be searched because nexus was shown. “Based on the totality of the circumstances, Deputy Wallace’s affidavit was not so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable. Because it was objectively reasonable for Deputy Wallace to rely in good faith on the warrant, we conclude that the Leon<\/em> exception to the exclusionary rule applies.” United States v. Perry<\/a>, 2008 U.S. App. LEXIS 14493 (8th Cir. July 8, 2008).*<\/p>\n

D. Minn. concludes that the good faith exception applies without saying why [presumably because the affidavit was not so lacking in PC that it could not be relied upon]. Defendant also made a Franks<\/em> challenge, but the information was not false, and excluding it still left the affidavit with PC. United States v. Liu, 2008 U.S. Dist. LEXIS 51607 (D. Minn. April 7, 2008).*<\/p>\n

Defendant’s own testimony was that he was not asked for consent, so Randolph<\/em><\/a> did not apply. United States v. Ramnath, 2008 U.S. Dist. LEXIS 52228 (D. Me. July 8, 2008).*<\/p>\n

(There are more, but I’ve got court today.)<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2247","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2247","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2247"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2247\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2247"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2247"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2247"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}