The search warrant survives both a finding of probable cause and application of the good faith exception: \u201cHere, the Court agrees with Defendant that the affidavit at issue presents a \u2018close call\u2019 as to whether the good-faith exception applies and whether probable cause existed for the magistrate to issue the warrant. But in considering the totality of the circumstances, the Court finds that the affidavit was not \u2018bare bones,\u2019 and the good-faith exception thus applies in this case. The affidavit sets forth sufficient specific details about the CI’s presence at 3122 Orange Street to survive the \u2018bare bones\u2019 analysis under binding Fifth Circuit precedent. It also provides sufficient detail regarding the CI’s veracity and reliability for the magistrate to have found probable cause. The executing Task Force Officers, therefore, had an objectively reasonable basis to believe in the validity of the warrant.\u201d United States v. Vazquez-Ochoa, 2024 U.S. Dist. LEXIS 163813 (N.D. Tex. Sep. 10, 2024).* As a former USMJ in my state put it once: If the probable cause question is close and I can\u2019t say there was or wasn\u2019t, how could the police?<\/p>\n\n\n\n
\u201cIf substantial time had elapsed between the [broadcast] description and apprehension of Mr. Cantey, the defense argument would carry greater force. But here, officers had not only a description, but Mr. Cantey was first observed walking away from the Quick Mart which was consistent with the report from dispatch.\u201d His actions and body language suggested he had a gun with an elastic waistband. crime, \u201cand in fact the officers were specifically detailed there because of the persistent problems encountered in the neighborhood. Finally, as soon as police asked him to \u2018come here,\u2019 he took flight.\u201d United States v. Cantey, 2024 U.S. Dist. LEXIS 163257 (E.D. Pa. Sep. 11, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The search warrant survives both a finding of probable cause and application of the good faith exception: \u201cHere, the Court agrees with Defendant that the affidavit at issue presents a \u2018close call\u2019 as to whether the good-faith exception applies and … Continue reading