Category Archives: Good faith exception

S.D.N.Y.: Warrantless criminal investigative cell search was reasonable

Defendant was in pretrial detention arrested three days earlier in a murder-for-hire scheme. Jailors searched his cell, apparently as a part of the original criminal investigation, looking for cell phone which he attempted to destroy. He moved to suppress. “The … Continue reading

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OH4: Arrest on recalled warrant still valid under GFE

The warrants database showed a warrant for defendant, but it actually had been recalled. The officer checked dispatch who told him of the warrant, although defendant denied there was one, but he had a motive to lie to avoid arrest. … Continue reading

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IN: State’s reliance on GFE not waived where it didn’t argue it but trial court decided it

“The totality of the evidence before the issuing judge was sufficient to establish probable cause. Detective Salley’s affidavit in support of the search warrant had outlined observations that law enforcement had made during surveillance of the Astro Drive Residence, which, … Continue reading

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E.D.Ky.: SW affidavit failed to show PC for search of house, but it wasn’t so lacking the GFE doesn’t apply

The affidavit for search warrant here was based on suspicious circumstances but doesn’t show nexus to defendant’s house that he was engaging in drug trafficking from there just from living there. “Ultimately, the evidence in the affidavit did not create … Continue reading

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D.Minn.: SW’s failure to include motel name, address, and room number failed particularity

The search warrant was ostensibly for a particular Motel 6 and room number, but the warrant completely omitted reference to the place to be searched. United States v. Brown, 2025 U.S. Dist. LEXIS 47675 (D. Minn. Mar. 13, 2025). When … Continue reading

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CA6: Entering land to post a notice of civil infraction from the property was not a “search”

“The crux of the Gammarinos’ [Fourth Amendment] argument is that the Defendants entered their properties and removed their personal property without a warrant. As a result, they claim these searches and seizures are presumptively unreasonable and thus violated the Fourth … Continue reading

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TX2: Concurring opinion where SW wasn’t based on PC

A concurring opinion where there wasn’t probable cause for a search warrant, which is really hard to do these days: Staley v. State, 2025 Tex. App. LEXIS 1523 (Tex. App. – Ft. Worth Mar. 6, 2025)*:

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CA5: The affidavit for SW was more than “bare bones” and the GFE applied

The affidavit for the warrant wasn’t “bare bones.” It alleged facts and nexus could be inferred, even if probable cause couldn’t be fully shown. Therefore, the good faith exception applied. United States v. Norman, 2025 U.S. App. LEXIS 4908 (5th … Continue reading

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VA: Slight diversion from inventory didn’t show it to be pretextual

The towing of defendant’s car left on the interstate without a valid LPN was reasonable. The officers didn’t have to permit him to find his own sources. The inventory was not proved to be pretextual. “But the departures from procedure … Continue reading

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CA9: 4A does not require the recording of telephonic oaths

The Fourth Amendment does not require the recording of telephonic oaths. United States v. Larkins, 2025 U.S. App. LEXIS 3513 (9th Cir. Feb. 14, 2025). The officer’s conduct was not reckless or deliberate to avoid the good faith exception. United … Continue reading

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E.D.Okla.: Geofence warrant held 4A violation with no GFE

The R&R recommended suppression of the geofence warrant. It is adopted. The warrant caused a wholesale search and was based on what appears to be a slipshod effort. Even the good faith exception didn’t apply. United States v. Fuentes, 2025 … Continue reading

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CA5: There was enough here to support GFE; Franks challenge failed

There at least was some showing of probable cause for the warrant here and the good faith exception applies. He also argued a Franks violation for a misstated fact, but even the best spin on that supports materiality and probable … Continue reading

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ID: State completely failed to support justification for inventory

“The record is devoid of evidence to support the conclusion that Detective Uhrig’s decision to impound Smith’s car was reasonable under the circumstances.” The inventory depending on the legality of the impoundment. Reversed. State v. Smith, 2025 Ida. LEXIS 8 … Continue reading

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E.D.Mich.: “Imprint” of a gun in the pocket can be RS def is carrying

The “imprint” of a gun in the pocket can be reasonable suspicion defendant is carrying. United States v. Morris, 2025 U.S. Dist. LEXIS 8729 (E.D. Mich. Jan. 16, 2025). Defendant is charged with six Hobbs Act robberies. His vehicle was … Continue reading

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CA1: SW was in good faith where affidavit was accidentally not filed with court

The Postal Inspector here prepared the search warrant affidavit, and the affidavit was to be incorporated with the warrant. The warrant was filed, however, by the USAO without the affidavit attached. The good faith exception applies. The officer did nothing … Continue reading

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FL5: Dog alert on MJ before case law said it wasn’t PC anymore was in good faith

Newer cases hold that a drug dog can’t differentiate between legal and illegal marijuana, so a dog alert doesn’t provide probable cause. Where the dog sniff occurred before that holding, however, it was reasonable under the good faith exception. Ford … Continue reading

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ME: Standing is a threshold issue, and court could examine it despite the state’s stipulation

Despite the state stipulating to standing, it’s a threshold issue and the court finds no standing here. Defendant was a passenger in a car and kept some stuff in it, but he still lacked standing to contest this search. State … Continue reading

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D.Mass.: 17-day delay between seizure and SW was reasonable

“[T]he government’s seventeen-day delay between the warrantless seizure of Thompson’s property and the issuance of the search warrants was reasonable. The first factor favors the government because seventeen days—eleven of which were business days—is relatively short and far shorter than … Continue reading

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OH10: Suicidal domestic call followed by ShotSpotter alert was RS

Police had a call about a domestic situation with a suicidal man with a gun. Shortly thereafter, there was a ShotSpotter alert of 20 gunshots from a house nearby. Officers arrived and patted down those found there. This is substantially … Continue reading

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AR: LA judge could issue SW for LA medical records for AR crime

After an accident in South Arkansas, defendant was airlifted to a hospital in Shreveport, Louisiana. A search warrant in Louisiana was issued for his medical records. There was no requirement that an Arkansas judge issue a warrant first, just so … Continue reading

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