Category Archives: Good faith exception

CA9: Going directly into pockets exceeded frisk power

Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021). … Continue reading

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D.D.C.: 15 mo delay in cell phone search unreasonable and not saved by GFE

The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):

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E.D.N.C.: Nexus can be established by inference

Nexus may be established by inference and not direct evidence. United States v. White, 2021 U.S. Dist. LEXIS 85454 (E.D. N.C. Mar. 17, 2021). Plaintiff was arrested and charged with two misdemeanors. Probable cause for one mooted consideration of the … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

Probable cause does not have to be decided where the good faith exception would apply. The warrant was for firearm evidence and had a cell phone search provision. If the cell phone provision was overbroad, that should be severed and … Continue reading

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S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

“Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine, $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (‘MDENT’). I find that neither the … Continue reading

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E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting

Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading

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N.D.Okla.: SW for Native American lands issued by state court judge that may be invalid under McGirt v. Oklahoma is saved by GFE

A state search warrant for Native American lands that later may be invalid because it was not issued by a tribal or federal court under McGirt v. Oklahoma is saved by the good faith exception. United States v. Hamett, 2021 … Continue reading

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GFE is not an exception to warrant requirement, only the exclusionary rule (dissent)

Per the dissent, the Michigan Court of Appeals erred in holding in an unpublished opinion that the good faith exception is an exception to the warrant requirement, not the exclusionary rule. People v. Mead, 2020 Mich. App. LEXIS 6223 (Sept. … Continue reading

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CA4: Def had burden on GFE, and he failed

Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021). The officer had probable cause to … Continue reading

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N.D.Iowa: 27 month delay in seeking SW for cell phone was unreasonable, and GFE not applied

A 27 month delay in getting a search warrant for defendant’s cell phone was unreasonable, and the good faith exception is not applied. United States v. Tu Anh Nguyen, 2021 U.S. Dist. LEXIS 70671 (N.D. Iowa Mar. 16, 2021):

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CA8: Lack of nexus saved by GFE

Even without an adequate showing of nexus, search warrants have been sustained under the good faith exception. This is one of those cases where the inference is close enough. United States v. Mayweather, 2021 U.S. App. LEXIS 10208 (8th Cir. … Continue reading

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GA: Valid strategic choice to forego search claim to support defense

Involving pre-Carpenter CSLI, the defense had valid strategic reasons to forego a motion to suppress to support the defense arguments at trial. “Because we hold that Thomas’s trial counsel did not perform deficiently because she had a reasonable strategic purpose … Continue reading

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CA8: While the stated reason for the stop was maybe legally erroneous, there was a valid unstated alternative basis

Officers stated an improper lane change as their basis for a stop, but it might not have been illegal under Nebraska law. However, they already had reason to believe the registration on the vehicle was lapsed, and that’s a proper … Continue reading

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S.D.N.Y.: Def counsel’s strategic decisions about how to argue a suppress issue is entitled to deference

Defense counsel’s strategic decisions about to argue a suppression motion is entitled to nearly total deference. Brown v. United States, 2021 U.S. Dist. LEXIS 63948 (S.D. N.Y. Apr. 1, 2021). Petitioner’s 2255 claim is based on defense counsel’s not raising … Continue reading

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CA6: When the question of nexus is close, GFE is the answer

When the question of nexus of probable cause of a crime to a defendant’s home is close, the good faith exception provides the answer. United States v. Reed, 2021 U.S. App. LEXIS 9526 (6th Cir. Apr. 1, 2021):

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IL: CSLI 11 years before Carpenter obtained in good faith

CSLI data obtained 11 years before Carpenter was obtained in good faith at the time and would not be suppressed. People v. Potts, 2021 IL App (1st) 161219, 2021 Ill. App. LEXIS 166 (Mar. 31, 2021). Defense counsel was not … Continue reading

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W.D.Ark.: Officer acting outside his local jurisdiction isn’t 4A issue

“Mr. van Leeuwen also claims that Boone County officers were without jurisdiction when they arrested him in his Marion County home, in alleged violation of Arkansas Code § 14-15-501. However, ‘[a] police violation of state law does not establish a … Continue reading

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D.V.I.: CI’s information of def was commonly known and in paper; yet, GFE applies

The search warrant here was based on the CI’s relating largely publicly-known information, some of which was in the newspaper online. It wasn’t predictive, but all historical of criminal record, the kind of car, etc. This is close but no … Continue reading

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LA1: Evading a traffic stop justifies a patdown

Defendant’s stop was justified by a traffic offense. His evading justified a patdown. State v. Young, 2021 La. App. LEXIS 377 (La. App. 1 Cir. Mar. 18, 2021). “In this case, the Court need not determine whether the search warrant … Continue reading

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