Category Archives: Good faith exception

IA: Conflict of laws: Federal SW that ends up in state prosecution governed by federal law, not state

When a federal search warrant results in a state prosecution, federal law applies to the search in state court. Here it applied to a scope of search question that might have been decided differently under state law. This court held … Continue reading

Posted in Conflict of laws, Good faith exception | Comments Off on IA: Conflict of laws: Federal SW that ends up in state prosecution governed by federal law, not state

M.D.Pa.: Failure to completely follow inventory policy doesn’t require suppression

The inventory here wasn’t complete because defendant’s cell phone wasn’t in the inventory and apparently left behind. [Now that’s ironic.] A gun and ammunition were. Because they are dangerous instrumentalities, that makes the inventory reasonable. “It is not obvious to … Continue reading

Posted in Franks doctrine, Good faith exception, Inventory | Comments Off on M.D.Pa.: Failure to completely follow inventory policy doesn’t require suppression

CA4: Unsigned SW was subject to GFE where it was readily apparent it was read and acted on

A state unsigned warrant was subject to the good faith exception where the issuing magistrate did everything but sign. The magistrate signed the application on the back of the state-mandated form and initialed the warrant. The court doesn’t go so … Continue reading

Posted in Good faith exception, Warrant papers | Comments Off on CA4: Unsigned SW was subject to GFE where it was readily apparent it was read and acted on

N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either

The affidavit for the search warrant for defendant’s place lacked probable cause. “As the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the … Continue reading

Posted in Good faith exception, Probable cause, Reasonable suspicion | Comments Off on N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either

D.Mass.: SW for def’s old car and iPhone on two-year-old information they were maybe connected to a murder was stale and probative of little; no GFE either

There was no probable cause for the search of defendant’s house for evidence of a nearly two-year-old murder. Even if what was sought was there, it was highly unlikely it would prove anything. Finally, the probable cause was so lacking … Continue reading

Posted in Good faith exception, Staleness | Comments Off on D.Mass.: SW for def’s old car and iPhone on two-year-old information they were maybe connected to a murder was stale and probative of little; no GFE either

TX3: Statute as interpreted was clear; state’s Heien argument rejected

The maintaining one’s lane statute has long been construed to require that any movement be unsafe. The officer’s mistaken belief defendant violated the statute here without being unsafe was unreasonable under Heien and state cases. Daniel v. State, 2021 Tex. … Continue reading

Posted in Good faith exception, Reasonableness | Comments Off on TX3: Statute as interpreted was clear; state’s Heien argument rejected

OH: Lack of judge’s signature on actual arrest warrant not fatal where judge signed off on complaint; GFE also applies

The absence of the judge’s signature on an arrest warrant was not fatal where the affidavit for probable cause sworn by the witness was attested to by the judge and attached. The good faith exception also applies. (Finally, the state’s … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Warrant requirement | Comments Off on OH: Lack of judge’s signature on actual arrest warrant not fatal where judge signed off on complaint; GFE also applies

CA6: GFE applies to warrantless detention based on state DMV computer response

The good faith exception applies to this warrantless detention which resulted from a regular state computer request which flagged to “verify insurance.” United States v. Warren, 2021 U.S. App. LEXIS 37674 (6th Cir. Dec. 20, 2021):

Posted in Good faith exception | Comments Off on CA6: GFE applies to warrantless detention based on state DMV computer response

NM: Tow and inventory of vehicle parked in owner’s driveway was unreasonable

The tow and inventory of the car defendant was driving, his grandmother’s, without a valid license was an abuse of the officer’s discretion. Here, the vehicle was parked in the grandmother’s driveway when the stop occurred. The officer’s practice of … Continue reading

Posted in Good faith exception, Inventory, Probable cause, Reasonable suspicion | Comments Off on NM: Tow and inventory of vehicle parked in owner’s driveway was unreasonable

S.D.N.Y.: Warrant overbreadth claim fails because of PC and GFE

“Suppression of digital photographs, videos and bank records that fell outside the April 1, 2019 through October 25, 2019 timeframe seized from the Subject Device is not warranted, as the December 2020 Warrant was sufficiently particularized and not overbroad.” On … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on S.D.N.Y.: Warrant overbreadth claim fails because of PC and GFE

OH4: Failure to corroborate CI was a complete failure of PC, so no GFE either

The affidavit for search warrant here failed to show probable cause at all. It relied on informant hearsay from an identified informant. The trial court erroneously concluded that an identified informant didn’t have to be corroborated. In addition, probable cause … Continue reading

Posted in Good faith exception, Informant hearsay, Probable cause | Comments Off on OH4: Failure to corroborate CI was a complete failure of PC, so no GFE either

W.D.Va.: IAC claim over how to argue GFE fails

This 2255 petitioner argued his defense lawyer didn’t properly argue application of the good faith exception in the direct appeal, but doesn’t say how the case could have come out different. Also, the briefs and opinion on appeal show that … Continue reading

Posted in Franks doctrine, Good faith exception, Ineffective assistance, Knock and announce, Probable cause | Comments Off on W.D.Va.: IAC claim over how to argue GFE fails

E.D.Mich.: CI’s information showed almost nothing as to one property for SW, so no PC nor GFE

The affidavit for the warrant for one particular address in this case fails to even minimally show probable cause. “Here, there was not enough information in the affidavit to allow a reasonable officer to conclude that there was sufficient ‘ongoing … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on E.D.Mich.: CI’s information showed almost nothing as to one property for SW, so no PC nor GFE

N.D.Okla: Pre-McGirt state SW was obtained and executed in good faith

In a 2255, a state search warrant on Indian lands issued and executed 16 years before McGirt v. Oklahoma was not subject to suppression because it was obtained and executed in good faith based on law at the time. United … Continue reading

Posted in Good faith exception | Comments Off on N.D.Okla: Pre-McGirt state SW was obtained and executed in good faith

Misc.

There was probable cause for the first and second search warrants for child pornography on defendant’s devices (took ~100 pages to say that). No exclusionary rule; good faith exception applies, too. United States v. Pena, 2021 U.S. Dist. LEXIS 218914 … Continue reading

Posted in § 1983 / Bivens, Good faith exception, Issue preclusion | Comments Off on Misc.

E.D.Wis.: No hearing required on application of GFE; papers already show it

Defendant does not get a hearing on application of the good faith exception. The papers as a whole establish it for the government. The affidavit for the warrant showed sufficient information from observations for an inference that drugs were being … Continue reading

Posted in Franks doctrine, Good faith exception | Comments Off on E.D.Wis.: No hearing required on application of GFE; papers already show it

W.D.Pa.: GFE applies to warrantless stop based on reasonable mistake of fact

The good faith exception is here directly applied to a warrantless stop and resulting search because of a “reasonable” mistake of law. United States v. McBroom, 2021 U.S. Dist. LEXIS 215219 (W.D.Pa. Nov. 8. 2021):

Posted in Good faith exception, Reasonableness | Comments Off on W.D.Pa.: GFE applies to warrantless stop based on reasonable mistake of fact

KS: Officer did not have to rely on def’s representation AW was being withdrawn; dispatch confirmed it was still valid before arrest

There was an arrest warrant for defendant, but it was vacated by the issuing court eight hours after defendant’s arrest. Defense counsel was trying to get it vacated at the time. “Here, Rollf testified that under department policy, after dispatch … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Probation / Parole search | Comments Off on KS: Officer did not have to rely on def’s representation AW was being withdrawn; dispatch confirmed it was still valid before arrest

CA9: “[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.”

“[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.” United States v. Ordaz, 2021 U.S. App. LEXIS 32449 (6th Cir. Oct. 29, 2021). Pre-Carpenter … Continue reading

Posted in Franks doctrine, Good faith exception, Pretext | Comments Off on CA9: “[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.”

N.D.Ohio: Where there was no nexus and whether GFE should apply was a really close question, govt essentially gets the benefit of the doubt

“For the reasons that follow, the Court DENIES Defendant Eben Anderson’s motion to suppress. With respect to Defendant Anthony Anderson, the affidavit supporting the warrant lacks probable cause justifying the search because there is no nexus between the phones and … Continue reading

Posted in Excessive force, Good faith exception | Comments Off on N.D.Ohio: Where there was no nexus and whether GFE should apply was a really close question, govt essentially gets the benefit of the doubt