Category Archives: Good faith exception

PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

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D.V.I.: Govt couldn’t prove helicopter flyover was 1000′ or more; suppressed

The government flew a helicopter over defendant’s property to photograph a suspected marijuana grow. It could not provide testimony that the helicopter was flown at 1000′ or above in navigable air space. Defendant had a subjected expectation of privacy against … Continue reading

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CA11: Cell phone search mistakenly without a warrant still saved by GFE

Defendant was convicted of Hobbs Act robbery, and his cell phone was used against him after it was left in the borrowed getaway car. The cell phone was searched mistakenly without a warrant. When the officer discovered he forgot a … Continue reading

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CA9: PC determination in underlying criminal case precludes review in later § 1983 case

Plaintiff’s probable cause determination in his underlying criminal case was given preclusive effect in his later § 1983 case. Wilcox v. City of L.A., 2022 U.S. App. LEXIS 24350 (9th Cir. Aug. 29, 2022). Plaintiff overcame qualified immunity. “Under Louisiana … Continue reading

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CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

Officers had a search warrant for plaintiff’s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff’s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading

Posted in Admissibility of evidence, Excessive force, Good faith exception, Particularity, Qualified immunity | Comments Off on CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search

The warrant for the entirety of defendant’s Instagram account was not a general search. United States v. Smith, 2022 U.S. Dist. LEXIS 147892 (W.D. Mo. Aug. 18, 2022). Seeing a handgun protruding from defendant’ waistband as he walked down the … Continue reading

Posted in General warrant, Good faith exception, Reasonable suspicion, Social media warrants | Comments Off on W.D.Mo.: SW for the entirety of def’s Instagram account was not a general search

CA8: Pre-Jardines dog sniff at apt door saved by GFE

Pre-Jardines dog sniff at the door of an apartment was valid when it happened, so it is saved by the good faith exception under Davis. United States v. Perez, 2022 U.S. App. LEXIS 22977 (8th Cir. Aug. 18, 2022). “In … Continue reading

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OH7: Questioning def about drugs on his person extended stop

The traffic stop was delayed, and the public safety exception was not applicable, where the officer asked a compound question, and the questioning only appeared directed at getting an admission by appellant that he had drugs on him and suggesting … Continue reading

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W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022). … Continue reading

Posted in Franks doctrine, Good faith exception, Prison and jail searches, Probable cause | Comments Off on W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

PA: Failure to argue new case law where it came out 3-1/2 months before suppression hearing was waiver

Defendant doesn’t get the application of a case to his decided 3½ months before his suppression hearing where he didn’t argue it. Commonwealth v. Brown, 2022 PA Super 138 (Aug. 10, 2022). CSLI lawfully obtained before Carpenter saved by the … Continue reading

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CT: Def’s missing father was exigency for warrantless entry

The entry into defendant’s house was justified by the emergency exception because his father had been missing for days. State v. Samuolis, 2022 Conn. LEXIS 213 (Aug. 9, 2022). As to probable cause, “The district court found the affidavits constitutionally … Continue reading

Posted in § 1983 / Bivens, Emergency / exigency, Good faith exception | Comments Off on CT: Def’s missing father was exigency for warrantless entry

M.D.Ala.: Court decides geofence warrant on GFE without getting to 4A merits

Defendant was a suspect in a series of 35 carjackings where the car was shortly thereafter used in an armed robbery. A geofence warrant was used to track defendant at the scenes of the robberies. After discussing the case law … Continue reading

Posted in Arrest or entry on arrest, geofence, Good faith exception, Protective sweep | Comments Off on M.D.Ala.: Court decides geofence warrant on GFE without getting to 4A merits

D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

The warrant’s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn’t incorporated. Still, however, the good faith exception applies. This was negligent at … Continue reading

Posted in Good faith exception, Open fields, Particularity, Standing | Comments Off on D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

S.D.Iowa: Video surveillance of an apartment door from a camera planted in a common area was subject to GFE

Officers planted a video camera hidden in a fake fire alarm in defendant’s apartment building hallway aimed at his door to record his comings and goings. The government argues whether this was reasonable doesn’t need to be decided because, even … Continue reading

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CA9: While RS for owner evaporated because he wasn’t in car, independent RS developed for driver

The officer had reasonable suspicion that the owner of a vehicle parked at a gas station had a warrant. When he stopped the vehicle, the officer discovered that the owner of the vehicle was not there, but independent reasonable suspicion … Continue reading

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D.Ariz.: Pre-Carpenter CSLI required compliance with SCA and here state officers didn’t

The government pleads the CSLI order was pre-Carpenter and thus subject to the good faith exception. The court finds, however, that the Stored Communications Act was not complied with and the government does not get the benefit of the good … Continue reading

Posted in Automobile exception, Cell site location information, Good faith exception | Comments Off on D.Ariz.: Pre-Carpenter CSLI required compliance with SCA and here state officers didn’t

CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

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NJ: Refusal of a frisk without RS does not add to RS

There was no reasonable suspicion for defendant’s stop. People who live in a “high crime area” do not have lesser constitutional protection. The facts here just didn’t support a frisk, and he had a right to refuse one, and that … Continue reading

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PA: No REP in drug prescription database

There is no reasonable expectation of privacy nor HIPAA privacy in a drug prescription database. Commonwealth v. McFarland, 2022 PA Super 116, 2022 Pa. Super. LEXIS 288 (June 29, 2022). Defendant’s Fourth Amendment claim was litigated before trial and on … Continue reading

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WY: Pending drug case is not RS, but it is “a piece of the puzzle”

The collective knowledge of two officers justified this stop. One defendant’s pending drug case was not reasonable suspicion itself, but it was “a piece of the puzzle.” Guandong v. State, 2022 WY 83, 2022 Wyo. LEXIS 83 (June 28, 2022). … Continue reading

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