10th Cir. melds probable cause into good faith exception, yet again

The Tenth Circuit melds probable cause and the good faith exception, essentially determining them together. After determining that the informant was reasonably corroborated and that probable cause is such a fluid concept dealing with mere probabilities, the court finds that the good faith exception applied. United States v. Bedolla, 2007 U.S. App. LEXIS 11733 (10th Cir. May 16, 2007)* (unpublished):

Although defendant does not directly challenge the district court’s good-faith determination, his arguments attacking the reliability of the informant implicate the third exception recognized in Leon. We conclude, however, that SA Carroll’s affidavit was not so lacking in indicia of probable cause as to convince a reasonably well-trained officer that the search was illegal. See Danhauer, 229 F.3d at 1007. We have previously explained that “the absence of information establishing the informant’s reliability or basis of knowledge does not necessarily preclude an officer from manifesting a reasonable belief that the warrant was properly issued, particularly when the officer takes steps to investigate the informant’s allegation.” Id. (citation omitted). Furthermore, an officer is not required to corroborate information provided by an informant through personal observation. See United States v. Mathis, 357 F.3d 1200, 1204 (10th Cir. 2004). It is enough if the officer simply has “knowledge of other matters that reasonably corroborate the informant’s statements.” Id. Finally, we have held that good faith can be established so long as a minimal nexus exists between the place to be searched and the suspected criminal activity. See United States v. Gonzales, 399 F.3d 1225, 1231 (10th Cir. 2005).

Plaintiff survived summary judgment on excessive force claim during execution of a search warrant. He claimed that he was kicked and beaten with a flashlight while handcuffed. “Yet, the reasonableness of law enforcement using their hands or feet to keep the Defendant’s head down during execution of the search warrant turns, at least in part, on how much force was used. Given the conflicting version of events, a jury could determine that the degree of force officers used was excessive in relation to the danger the Plaintiff posed laying handcuffed on the ground.” Cooper v. City of Fort Wayne, 2007 U.S. Dist. LEXIS 36301 (N.D. Ind. May 15, 2007).*