Category Archives: Good faith exception

VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

A statute passed a year after this search that the odor of marijuana was no longer probable cause didn’t apply retroactively here. It says “in violation of this statute,” so that’s prospective only. Loeper v. Commonwealth, 2023 Va. App. LEXIS … Continue reading

Posted in Consent, Good faith exception, Plain view, feel, smell, Protective sweep, Reasonable suspicion | Comments Off on VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

CA8: Post-trial assertion of 4A issue was waived

Defendant’s post-trial claim that the tracking warrant used to find him expired three weeks before the arrest was waived by not having been filed pretrial. Even if plain error is applied, “we agree with the district court there was no … Continue reading

Posted in Good faith exception, Waiver | Comments Off on CA8: Post-trial assertion of 4A issue was waived

D.D.C.: Geofence warrant for cell phones in Capitol building during 1/6 insurrection was valid and relied on in good faith

The D.C. District Court upheld a geofence warrant for cell phones located in the Capitol building during the 1/6 insurrection. Surveying all the cases, and there aren’t many, and noting that there is a margin of error as to accuracy … Continue reading

Posted in geofence, Good faith exception | Comments Off on D.D.C.: Geofence warrant for cell phones in Capitol building during 1/6 insurrection was valid and relied on in good faith

CA5: GFE to scope of search moots inquiring into PC

Because the good faith exception applied to the scope of search, the merits of the justification for the warrant is moot. United States v. Edwards, 2023 U.S. App. LEXIS 1032 (5th Cir. Jan. 17, 2023). A passenger didn’t have standing … Continue reading

Posted in Good faith exception, Standing | Comments Off on CA5: GFE to scope of search moots inquiring into PC

CA5: No suppression for no-knock violation

There is no suppression remedy for an unjustified no-knock warrant. United States v. Bryant, 2023 U.S. App. LEXIS 355 (5th Cir. Jan. 6, 2023). Defendant didn’t enter a conditional plea, so his guilty plea waived his Fourth Amendment claim. United … Continue reading

Posted in Automobile exception, Good faith exception, Knock and announce, Nexus, Waiver | Comments Off on CA5: No suppression for no-knock violation

CA6: Govt completely failed to show nexus or PC thus no GFE

The affidavits supporting the records warrant for defendant’s home did not establish nexus between his alleged drug activity, drug records, and his address. Also, the affidavit did not allege that defendant dealt drugs from the house or that he even … Continue reading

Posted in Good faith exception, Nexus, Protective sweep, Rule 41(g) / Return of property | Comments Off on CA6: Govt completely failed to show nexus or PC thus no GFE

FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

When the collective knowledge rule applies to information from an anonymous or confidential source, the officer using the information has to have actual knowledge of the factors supporting its reliability. Zarcadoolas v. Tony, 2023 Fla. App. LEXIS 26 n.3 (Fla. … Continue reading

Posted in Collective knowledge, Consent, Good faith exception, Ineffective assistance | Comments Off on FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

NE: Police don’t have to decide the constitutionality of the laws they enforce

Police officers are not legal scholars, and they don’t have to guess as to the constitutionality of the laws they enforced. They need only act reasonably in reliance on statute or ordinance. State v. Albarenga, 313 Neb. 72 (Dec. 23, … Continue reading

Posted in Excessive force, Good faith exception, Reasonable suspicion, Reasonableness | Comments Off on NE: Police don’t have to decide the constitutionality of the laws they enforce

OH: The fact a cell phone was found at the scene of a car crash gives no PC to search it for evidence of distracted driving merely by its presence

The fact a cell phone was found at the scene of a car crash gives no probable cause to search it for evidence of distracted driving merely by its presence. “[*P1] In this appeal, we are asked to decide whether … Continue reading

Posted in Cell phones, Good faith exception, Probable cause | Comments Off on OH: The fact a cell phone was found at the scene of a car crash gives no PC to search it for evidence of distracted driving merely by its presence

CA10: State SW issued for DNA in Indian country was still in good faith

A state search warrant for defendant’s DNA for an offense in Indian Country was relied upon in good faith, despite defendant’s contention the warrant was issued by an issuing authority outside the jurisdiction. McGirt doesn’t change this. United States v. … Continue reading

Posted in Good faith exception, Neutral and detached magistrate | Comments Off on CA10: State SW issued for DNA in Indian country was still in good faith

W.D.Tenn.: Merely saying in SW affidavit drug dealers usually keep stuff at home isn’t nexus; but GFE applies anyway

Merely alleging in a search warrant application that drug dealers usually keep drugs at home does not satisfy the nexus requirement. It does, however, satisfy the good faith exception. Motion to suppress denied. United States v. Neal, 2022 U.S. Dist. … Continue reading

Posted in Good faith exception, Nexus | Comments Off on W.D.Tenn.: Merely saying in SW affidavit drug dealers usually keep stuff at home isn’t nexus; but GFE applies anyway

S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

Defendant’s release condition of a firearm restriction and Fourth Amendment waiver because of a prior misdemeanor firearms conviction doesn’t violate the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Heller supports the court’s conclusion. … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Probable cause, Reasonableness | Comments Off on S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

CA9: Private search of CSLI made it admissible in admin proceeding

The Washington State Department of Labor and Industries received information from whistleblowers of cell site location information the defendant business collected to show alleged violations of state law. This was a private search, and Carpenter is not implicated. Kleiser v. … Continue reading

Posted in Cell site location information, Good faith exception, Inventory, Private search | Comments Off on CA9: Private search of CSLI made it admissible in admin proceeding

MD: Consent to search computer was withdrawn before search

Defendant signed a consent to search his computer hard drive to the US Army CID, but, once lawyered up, he effectively withdrew the consent a week later. The hard drive was searched after the withdrawal of consent, and the search … Continue reading

Posted in Consent, Dog sniff, Drug or alcohol testing, Good faith exception, Issue preclusion | Comments Off on MD: Consent to search computer was withdrawn before search

WaPo: Police misused Find My app before raiding 77-year-old’s home, ACLU says

WaPo: Police misused Find My app before raiding 77-year-old’s home, ACLU says by María Luisa Paúl:

Posted in Good faith exception, Warrant execution | Comments Off on WaPo: Police misused Find My app before raiding 77-year-old’s home, ACLU says

D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

A DEA administrative subpoena to a doctor’s office was overbroad where it sought all patient records for 41 patients. The doctor’s objection is sustained. The subpoena needs to be narrower in scope to match that of the investigation. United States … Continue reading

Posted in Good faith exception, Probable cause, Subpoenas / Nat'l Security Letters | Comments Off on D.N.M.: DEA admin. subpoena to doctor’s office for all patient records of 41 was overbroad

M.D.Fla.: Positive UA is RS for a search of a probationer’s home

A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022). “To prevail on a Fourth Amendment claim for false arrest, Johnson must establish … Continue reading

Posted in Good faith exception, Probation / Parole search, Reasonable suspicion | Comments Off on M.D.Fla.: Positive UA is RS for a search of a probationer’s home

E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

The “place of residence” for a parole search of an absconder includes a motel room he’s staying in. He also has no standing to challenge a search of a trash can outside the room. United States v. Nichols, 2022 U.S. … Continue reading

Posted in Good faith exception, Probation / Parole search, Protective sweep, Standing | Comments Off on E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

Defendant gets a Franks hearing even if to rebut the government’s claim the good faith exception applies. The affiant officer claimed there was an “overwhelming” smell of marijuana coming from defendant’s house as they approached for a knock-and-talk, which was … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Good faith exception, Issue preclusion, Plain view, feel, smell | Comments Off on N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

D.Minn.: Govt fails on its burden of proving GFE applies; no witnesses called

The search warrant for defendant’s cell phone lacked probable cause for lack of specificity. More importantly, the government failed in its burden of proof to show the good faith exception applies. United States v. Armstrong, 2022 U.S. Dist. LEXIS 207602 … Continue reading

Posted in Burden of proof, Good faith exception | Comments Off on D.Minn.: Govt fails on its burden of proving GFE applies; no witnesses called