Defendant was believed to have outed an undercover narcotics officer by posting his picture on Facebook. Officers got a search warrant for his computer for the crime of harassment. When executing the search warrant, drugs were found in the course of the search of a dresser because there might have been thumb drives hidden there. Whether there was probable cause was never considered; just whether the affidavit was so bare bones it couldn\u2019t be relied on for the good faith exception, and the court concludes that it wasn\u2019t. United States v. Pickens, 2013 U.S. Dist. LEXIS 39235 (N.D. Tex. March 21, 2013).*<\/p>\n
The exclusionary rule generally does not apply in probation revocation proceedings, but it could if it could be shown that the search was harassing. This wasn\u2019t. State v. Burress<\/a>, 2013 Tenn. Crim. App. LEXIS 239 (March 18, 2013).*<\/p>\n The officers here had independent probable cause for a search of defendant\u2019s car, so the search incident doctrine doesn\u2019t even apply. Gant says so. 556 U.S. at 347. United States v. Savaiinaea, 2013 U.S. Dist. LEXIS 38912 (D. Utah March 19, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading