Officers had a search warrant for the house, and it was not so objectively lacking in its basis that the good faith exception would not apply. The parties didn\u2019t put the affidavit and warrant into evidence, so the court takes judicial notice of the warrant. n.10. United States v. Daniels, 2012 U.S. Dist. LEXIS 183305 (M.D. Ala. December 12, 2012) (R&R).* [Note: The court spends several paragraphs discussing the GFE, but nary a word about the factual basis to see if it is correct that it was not \u201cbare bones.\u201d This is what the good faith exception is getting to: we never know whether a warrant was issued with probable cause or not. \u201c[A]nd no Warrants shall issue, but upon probable cause, …\u201d In my experience, there is probable cause about 98% of the time. So why not tell us instead of spending your time telling us that the affidavit isn\u2019t bare bones but without one fact in support?]<\/p>\n
Officers surveilling an SUV with drugs in it in NYC saw a man in a black coat get a duffle bag out of the SUV and get into a BMW. When the BMW was stopped, the driver consented to a search. The man in the black coat, the defendant, was the passenger. The defendant did not show standing to challenge the search of the BMW. United States v. Anthis, 2013 U.S. Dist. LEXIS 784 (D. Mass. January 3, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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