D.Ariz.: SW wasn’t shown to be willfully without PC or overbroad, so GFE applies

Officer’s negligence [my word, not the court’s] in drafting and obtaining a search warrant that was potentially without probable cause and overbroad in scope didn’t overcome the good faith exception. United States v. Snow, 2020 U.S. Dist. LEXIS 31713 (D. Ariz. Feb. 24, 2020):

Under the facts of this case, the deterrent value of wholesale suppression under the exclusionary rule would be minimal. The parties do not dispute Judge Rateau’s finding that the warrant was overbroad and that Detective Heath did not provide sufficient facts to support his request to search Snow’s sheds and outer buildings for weapons. But even if these statements were insufficient to establish a fair probability that contraband or evidence would be found in the shed or outer areas, there is no indication that Detective Heath was deliberately attempting to circumvent the Fourth Amendment. See Sears, 411 F.3d at 1128 (“In the interest of deterrence, ‘evidence should be suppressed only if it can be said that the law enforcement officer had knowledge, or may properly be charged with knowledge, that the search was unconstitutional under the Fourth Amendment.'”) (quoting Krull, 480 U.S. at 348-49.) Detective Heath stopped the search of Snow’s mobile home upon observing the holster and ammunition for the purpose of obtaining a search warrant. (Doc. 56, p. 22.) Heath told the officers to immediately exit the home, and Detective Heath sought a search warrant to search for evidence that Snow was committing the crime of felon in possession of ammunition. (Id. at pp. 22-23.)