Category Archives: Good faith exception

NY2: Stopping car for flashing headlights was properly taken as a possible distress call; but stop was excessive

Defendant’s flashing his high beams at a patrol car was legitimately taken as a likely distress call, but the state failed to prove there was any distress, so the continued questioning was unreasonable. People v. Serrano, 2024 NY Slip Op … Continue reading

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M.D.La.: Strip searches in investigative stops is enjoined

The Baton Rouge PD’s strip search policy of detainees in an investigative stop on less than probable cause is enjoined. “[T]he Court finds that, for any search beyond a frisk or pat-down of a citizen stopped pursuant to an investigatory … Continue reading

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NY3: SW for evidence of robbery (stolen property and mask) found def’s cell phone with image of him wearing the mask on its wallpaper

A search warrant in a robbery case looked for stolen property and the mask involved. When police executed the warrant, they found his cell phone with him wearing the mask as the wallpaper image on the phone. “We find without … Continue reading

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W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court’s jurisdiction. Defendant disputes that this investigation was not that, but it’s close enough. Even if the officers were mistaken, the court won’t suppress an … Continue reading

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The good faith exception: United States v. Leon decided 40 years ago today

United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (July 5, 1984). It made my job easier. It’s far easier to tell whether an affidavit for search warrant will survive a motion to suppress. 1) … Continue reading

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E.D.La.: SW for def’s surveillance video had no PC for weapons search; suppressed

Police got a search warrant for the DVR and storage for defendant’s surveillance camera that likely could have caught a homicide across the street. The warrant included weapons and ammunition when there was no justification for it. The warrant lacked … Continue reading

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CA6: Minimally sufficient nexus was GF for relying on SW

Relying on Sanders, decided June 28, the court concludes that a drug dealer’s home along with the slightest facts provides a good faith basis for searching with a warrant. United States v. Neal, 2024 U.S. App. LEXIS 15997 (6th Cir. … Continue reading

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GA: Even if judge lacked out-of-state jurisdiction for a social media SW, it was relied on in good faith

Even if the judge signing the Kik warrant wasn’t the right one, the warrant was still executed in good faith. Zayac v. State, 2024 Ga. App. LEXIS 271 (June 27, 2024). The officer in a shooting case gets qualified immunity … Continue reading

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E.D.Cal.: Motion to reconsider motion to suppress has to be consistent with original motion; new claim waived

The motion to reconsider defendant’s Fourth Amendment claim was inconsistent with the motion to reconsider. No. United States v. Garza, 2024 U.S. Dist. LEXIS 112102 (E.D. Cal. June 25, 2024). Defendant’s 2255 on his Fourth Amendment is barred by Stone … Continue reading

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S.D.Miss.: Drug SW permitted search of a safe even though not specified

This drug search warrant didn’t mention a safe, but that was a place where they could be found, so the search was proper. Also, the good faith exception applies. United States v. Manning, 2024 U.S. Dist. LEXIS 109676 (S.D. Miss. … Continue reading

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ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

Earlier in the day before the traffic stop, the officer had already run defendant’s LPN. It was reasonable to do it again during the stop, and this did not unconstitutionally lengthen the stop. State v. Tranmer, 2024 Ida. App. LEXIS … Continue reading

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S.D.Ind.: GFE of law at the time of the search meant no IAC

“Counsel did not perform deficiently when they raised the Fourth Amendment argument [under applicable law at the time], even though this Court and the Seventh Circuit found that the good faith applied.” Castro-Aguirre v. United States, 2024 U.S. Dist. LEXIS … Continue reading

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Cal.1: GFE applied to probation search term

The good faith exception applied to defendant’s probation search. The officer checked and reasonably concluded that defendant was still on searchable probation at the time. People v. Pritchett, 2024 Cal. App. LEXIS 348 (1st Dist. May 8, 2024), certified for … Continue reading

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CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested

“Because Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.” Owens v. Fitzgerald, 2024 U.S. App. LEXIS 12292 … Continue reading

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CA4: When PC and GFE are the issue on appeal, both have to be appealed or it’s waiver

“In his first claim, Juarez-Sanchez argues that two search warrants issued in this case were not supported by probable cause. Below, the district court rejected this argument and, in the alternative, held that the good faith exception to the exclusionary … Continue reading

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OH5: Cell phone SW was not particular, GFE doesn’t apply, but harmless after all

The cell phone search warrant here failed particularity: “permitted a sweeping, comprehensive search of Hikec’s cell phone with no meaningful limits”, and the good faith exception doesn’t apply. On this record, however, it was harmless error in light of other … Continue reading

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D.Kan.: Drug dog touching car door handle with nose isn’t unreasonable search

The drug dog touching the vehicle door handle with its nose was not an unreasonable search. United States v. Green, 2024 U.S. Dist. LEXIS 88401 (D. Kan. May 16, 2024). Defendant’s 2255 wasn’t timely. “Even if Williams’s motion were timely, … Continue reading

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GA grants review of geofence and GFE case

Georgia has granted review of a geofence warrant case, including whether its prior case law holding the good faith exception was limited should be overruled. Jones v. State, 2024 Ga. LEXIS 110 (May 9, 2024)*:

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FL3: Cell phone dump in civil case denied; no showing of need

In a civil case, the court granted a writ of certiorari against the trial court’s order permitting access to a party’s cell phone by forensic imaging. “We recognize, of course, that Swezy is not altogether foreclosed from seeking electronically stored … Continue reading

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E.D.Va.: Must plead prejudice when delay of a cell phone SW is alleged

Defendant’s cell phone was validly seized by the police but they didn’t get a warrant until nine months later. He says it’s a “clear violation” of the Fourth Amendment but he doesn’t allege any prejudice. Denied. United States v. Campbell, … Continue reading

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