The government failed to show probable cause for issuance of the search warrant that the item sought (a hunting bow) was evidence of a crime. However, the search warrant was not \u201cso lacking\u201d in probable cause that the good faith exception did not apply. United States v. Ray, 2010 U.S. Dist. LEXIS 48369 (E.D. Mich. April 20, 2010)*:<\/p>\n
The \u201cso lacking\u201d test is less demanding than the \u201csubstantial basis\u201d test for determining the existence of probable cause so the mere lack of probable cause does not preclude the application of the good faith rule. Washington<\/a>, 380 F.3d at 241. The present affidavit is not a \u201cbare bones\u201d affidavit that contains merely conclusions by the affiant.** D\/Sgt. Gillet had gathered information from defendant and his wife, from the investigation of the break-in at Ed’s Archery, and from the manufacturer of the Matthews FX bow. These facts, rather than conclusions, were included in the affidavit and presented to the judge who decided probable cause did exist. Also, the warrant had been approved by an assistant prosecutor before being submitted to the judge. The nexus between the Matthews FX bow and the location to be searched was very clear. A reasonably trained officer would not have known the search was illegal despite the decision by the judge to issue the warrant. The undersigned concludes that the facts in the affidavit, while perhaps not amounting to a substantial basis to issue the search warrant, were sufficient to not be so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable. The exclusionary rule need not be applied to these circumstances despite the lack of probable cause for the issuance of the search warrant.<\/p>\n
** A bare bones affidavit is one that contains \u201csuspicions, beliefs, or conclusions, without providing some underlying factual circumstances regarding veracity, reliability, and basis of knowledge.\u201d United States v. Weaver<\/a>, 99 F.3d 1372, 1378 (6th Cir. 1996).\n<\/p><\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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