The affidavit for the search warrant for defendant\u2019s place lacked probable cause. \u201cAs the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the other offenses listed in the search warrant, no probable cause existed to issue the warrant.\u201d The good faith exception does not apply here for the affidavit\u2019s \u201cconclusory statements without factual support, making it a bare bones affidavit.\u201d The government argues detail in the affidavit was enough. \u201cAs explained before, though, the affidavit is utterly lacking in \u2018detailed information\u2019 to establish the money orders were counterfeit or otherwise invalid. As it was unreasonable to rely on the search warrant, the good faith exception to the exclusionary rule does not apply.\u201d United States v. Powell, 2022 U.S. Dist. LEXIS 2901 (N.D.Cal. Jan. 6, 2022).<\/p>\n\n\n\n
Defendant was a passenger in a car subjected to a felony stop, and he wouldn\u2019t keep his hands completely visible. Officers got him out and searched him finding a gun in the pocket he kept moving his hand to. That was reasonable. United States v. Castro, 2022 U.S. Dist. LEXIS 2876 (D.Ariz. Jan. 5, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The affidavit for the search warrant for defendant\u2019s place lacked probable cause. \u201cAs the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the … Continue reading