{"id":2286,"date":"2009-12-25T06:36:10","date_gmt":"2008-07-23T08:10:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-23T08:10:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2286","title":{"rendered":"AL: Affidavit was so deficient the good faith exception did not apply"},"content":{"rendered":"

Affidavit for search warrant was so lacking in probable cause that the officer could not rely on it, so the good faith exception did not apply. Here, the officer who executed the search warrant was the one who wrote the affidavit and applied for it. This arose in the context of an IAC claim. Ex parte Green<\/a>, 15 So. 3d 489 (Ala. 2008), On remand at, Remanded by Green v. State, 2008 Ala. Crim. App. LEXIS 207 (Ala. Crim. App., Dec. 19, 2008):<\/p>\n

The application of and rationale for the good-faith exception are particularly inappropriate where, as here, the officer is executing a search warrant that depends on his own affidavit<\/em>. It is “‘disingenuous, after having gone to [a district judge] with the paltry showing seen here, to suggest, as the [State] suggests, that at bottom it was the [district judge] who made the error and the search and seizure are insulated because the officer’s reliance on that error was objectively reasonable.'” Ball v. State<\/em>, 868 So. 2d 474, 475 (Ala. Crim. App. 2003) (Cobb, J., dissenting) (quoting United States v. Zimmerman<\/em>, 277 F.3d 426, 438 (3d Cir. 2002)).<\/p>\n

. . .<\/p>\n

Given the glaringly defective affidavit, reasonably effective counsel would have challenged the search warrant and the admission of evidence obtained as a result of its execution. In failing to do so, Green’s trial counsel did not provide reasonably effective assistance. For these reasons, the judgment of the Court of Criminal Appeals is reversed, and the cause is remanded to that court for the entry of an appropriate order. (Emphasis in original)<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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