CA5: Even a mistaken critical fact to nexus can still be reasonable for GFE

An asserted fact in the search warrant affidavit that was critical to the target of the search and thus the place to be searched proved to be wrong, which the officer revealed when he learned. Still, the search warrant was based on probable cause and the good faith exception because the mistake was reasonable. The defendant himself, with inside knowledge of the critical fact, waited until the appeal to even bring it up, after the police did. Still, it was all reasonable. United States v. Muhammad, 2021 U.S. App. LEXIS 27909 (5th Cir. Sept. 16, 2021).

A valid protective sweep of a home doesn’t taint a subsequent consent to search the home. United States v. Goodwin, 2021 U.S. Dist. LEXIS 176360 (W.D.Tenn. Sept. 16, 2021).

Defendant abandoned a store bag when confronted by the police by tossing it 6-8′ away when they approached. Defendant’s testimony he merely dropped the bag and didn’t deny ownership isn’t credible. United States v. Marion, 2021 U.S. Dist. LEXIS 176384 (M.D.Fla. Aug. 13, 2021).*

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