The officers in this case did nothing to corroborate the anonymous informant or show his basis of knowledge, so the search lacked probable cause. As to the good faith exception, the defense put on some of the officers\u2019 prior Fourth Amendment violations of others, and the court finds an intentional Fourth Amendment violation under Herring. Alternatively, the search warrant lacked a reasonable basis under Leon. United States v. Young, 2010 U.S. Dist. LEXIS 22035 (C.D. Cal. February 18, 2010):<\/p>\n
The Court finds that in this case, the culpability of the officers was high in that they intentionally engaged in conduct prohibited by the Fourth Amendment. The exclusion of the evidence found in the Mountain View residence would provide great deterrence for this wrongful police conduct.<\/p>\n
. . .<\/p>\n
Even if the Court were to confine its analysis to the good faith exception found in Leon, the Court finds that this exception does not apply in this case. The search warrant affidavit was “so lacking in indicia of probable cause as to render official belief in its existence objectively unreasonable.” As such, the evidence found at the residence will be suppressed at trial.<\/p><\/blockquote>\n
Defendant consented to the search of his car, based on the audio tape recording of the stop. The subsequent search warrant that was issued was obtained in good faith, the court declining to decide probable cause since none of the exceptions to the good faith exception apply. United States v. Sedillo, 2010 U.S. Dist. LEXIS 21583 (D. N.M. February 19, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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