Category Archives: Good faith exception

E.D.Mich.: Def had standing in his brother’s garage where only they had keys and it was used for business purposes

The warrantless search of defendant’s brother’s garage where both had keys and defendant kept things from their construction business was unreasonable. Defendant had standing because it was used for business purposes, and he did not have to spend the night … Continue reading

Posted in Consent, Good faith exception, Standing | Comments Off on E.D.Mich.: Def had standing in his brother’s garage where only they had keys and it was used for business purposes

D.Minn.: Tracking warrant issued without PC, but GFE still applied

There was no probable cause for the tracking warrant for defendant. But, it was not so lacking in probable cause that the good faith exception does not apply. United States v. Escudero, 2022 U.S. Dist. LEXIS 89120 (D.Minn. May 18, … Continue reading

Posted in Franks doctrine, Good faith exception, GPS / Tracking Data, Ineffective assistance, Reasonable suspicion | Comments Off on D.Minn.: Tracking warrant issued without PC, but GFE still applied

CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

Posted in Consent, Good faith exception, Informant hearsay, Nexus, Reasonable suspicion | Comments Off on CA5: GFE applies to showing of nexus

OH1: Doing nothing unusual or criminal 5 minutes after ShotSpotter alert wasn’t RS

Officers found defendant putting his kids in his car about five minutes after a ShotSpotter alert where no one had complained of gunfire. His ultimate frisk lacked reasonable suspicion. State v. Henson, 2022-Ohio-1571, 2022 Ohio App. LEXIS 1482 (1st Dist. … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off on OH1: Doing nothing unusual or criminal 5 minutes after ShotSpotter alert wasn’t RS

DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it’s granted. Defense counsel has already been given access … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion, Warrant papers | Comments Off on DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

The officer lacked exigency for a warrantless entry to arrest. Defendant put his duffle bag outside a second story window on the roof to conceal it. It was not abandoned because the public didn’t have access to it. All he … Continue reading

Posted in Abandonment, Good faith exception, Search incident | Comments Off on S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

D.Idaho: To claim GFE, govt at least should have shown the officers read the inadequate affidavit to show reasonable reliance

The affidavit for the search warrant here was for evidence of rioting issued months after the riot, and it led to finding a weapon and some drugs and a cell phone seizure and search. To invoke the good faith exception, … Continue reading

Posted in Good faith exception, Particularity | Comments Off on D.Idaho: To claim GFE, govt at least should have shown the officers read the inadequate affidavit to show reasonable reliance

CA10: Pepper spraying a subdued misdemeanant was unreasonable; no QI

“Addressing the two prongs of qualified immunity below, we conclude that the use of pepper spray violated Mr. Wilkins’s clearly established right to be free from the additional use of force after he was effectively subdued. The officers were not … Continue reading

Posted in Cell phones, Excessive force, Good faith exception, Probation / Parole search, Qualified immunity | Comments Off on CA10: Pepper spraying a subdued misdemeanant was unreasonable; no QI

CA11: Def’s innocent explanation for his behavior still left PC

Defendant’s innocent explanation for his behavior still left probable cause. United States v. Clark, 2022 U.S. App. LEXIS 11504 (11th Cir. Apr. 28, 2022). Defendant was arrested two weeks after a string of robberies, and his cell phone was taken … Continue reading

Posted in Good faith exception, Ineffective assistance, Probable cause, Reasonableness | Comments Off on CA11: Def’s innocent explanation for his behavior still left PC

D.Me.: Settled law at the time means exclusionary rule not applied, even if the law was later changing

Officers relied on settled law in this circuit that the search incident was valid. Maybe it wouldn’t be later, but it was at the time. The exclusionary rule should not be applied under Davis. “Given the similarity of these two … Continue reading

Posted in Excessive force, Exclusionary rule, Good faith exception, Standards of review | Comments Off on D.Me.: Settled law at the time means exclusionary rule not applied, even if the law was later changing

AF: Despite search authorization not permitting this search and GFE not applying, exclusionary rule should not apply; no deterrence

The search authorization for this service member’s cell phone was overbroad and failed to include text messages which were at issue. This failed Leon’s good faith exception: “We disagree, and find the fourth Leon exception clearly applies in this case—that … Continue reading

Posted in Exclusionary rule, Good faith exception, Overseizure, Scope of search | Comments Off on AF: Despite search authorization not permitting this search and GFE not applying, exclusionary rule should not apply; no deterrence

D.Me.: Search under state bail condition was with RS and alternative ground

Defendant was on a state bail condition that authorized warrantless searches. In a traffic stop, the officer had at least reasonable suspicion of drug activity in the vehicle. The search was reasonable under both. As to the bail condition, there … Continue reading

Posted in Good faith exception, Prison and jail searches, Probable cause, Reasonable suspicion | Comments Off on D.Me.: Search under state bail condition was with RS and alternative ground

CA8: Court can consider GFE rather than decide PC

“‘[T]his Court ‘may consider the applicability of the good-faith exception to the exclusionary rule,’ without addressing whether probable cause exists.” Here, there was enough to likely show probable cause so the officer reasonably believed in the validity of the warrant. … Continue reading

Posted in Custody, Franks doctrine, Good faith exception | Comments Off on CA8: Court can consider GFE rather than decide PC

E.D.Okla.: Lack of nexus to cell phone saved by GFE

The affidavit for the search warrant for defendant’s phone didn’t show nexus, but it was still relied upon in good faith. R&R rejected. United States v. Langford, 2022 U.S. Dist. LEXIS 55162 (E.D.Okla. Mar. 28, 2022). Sounds and observations of … Continue reading

Posted in Emergency / exigency, Good faith exception, Nexus, Waiver | Comments Off on E.D.Okla.: Lack of nexus to cell phone saved by GFE

MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

Posted in Cell site location information, DNA, Dog sniff, Good faith exception, Seizure | Comments Off on MD: Def’s DNA from a prior dismissed case admissible here

CA6: Officer’s opening car door was reasonable when semi-conscious driver couldn’t be roused

“The officers’ conduct up to and including Officer Mino’s decision to open the car’s passenger-side door fits within their role as community caretakers. As Mino testified at the suppression hearing, Mino believed that he and Anderson were responding to a … Continue reading

Posted in Community caretaking function, Good faith exception, Reasonable suspicion | Comments Off on CA6: Officer’s opening car door was reasonable when semi-conscious driver couldn’t be roused

D.Nev.: Traffic stop devolving into investigation of violation of parole conditions was without RS

“The Court finds that Chronister unlawfully prolonged the traffic stop by pursuing an investigation into whether or not Lewis was in violation of his parole conditions.” “The Court finds that Chronister did not believe at the time of the traffic … Continue reading

Posted in Exclusionary rule, Good faith exception, Inevitable discovery, Reasonable suspicion | Comments Off on D.Nev.: Traffic stop devolving into investigation of violation of parole conditions was without RS

D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

On the whole, there wasn’t reasonable suspicion for the dog sniff of the luggage they were carrying. Moreover, the court does not find they consented to it. The court declines to credit the testimony of the officer about nervousness and … Continue reading

Posted in Cell phones, Good faith exception, Mail and packages, Warrant execution | Comments Off on D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

E.D.Ky.: While SW affidavit showed no PC, “some modicum of evidence” enough to avoid being “bare bones” for GFE

Defendant succeeded in showing that the R&R did not support the conclusion that the search warrant was issued with probable cause. It was clearly deficient, but the good faith exception still saves the warrant. “Despite failing to provide facts in … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on E.D.Ky.: While SW affidavit showed no PC, “some modicum of evidence” enough to avoid being “bare bones” for GFE

D.Md.: Covid helped explain the delay in SW for cell phone search

This cell phone was reasonably seized under a warrant. The second warrant was issued a few weeks later, but, because of covid, the delay was reasonable. United States v. Reaves, 2022 U.S. Dist. LEXIS 43243 (D.Md. Mar. 9, 2022). “Defendant … Continue reading

Posted in Cell phones, Franks doctrine, Good faith exception, Warrant execution | Comments Off on D.Md.: Covid helped explain the delay in SW for cell phone search