N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either

The affidavit for the search warrant for defendant’s place lacked probable cause. “As the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the other offenses listed in the search warrant, no probable cause existed to issue the warrant.” The good faith exception does not apply here for the affidavit’s “conclusory statements without factual support, making it a bare bones affidavit.” The government argues detail in the affidavit was enough. “As explained before, though, the affidavit is utterly lacking in ‘detailed information’ to establish the money orders were counterfeit or otherwise invalid. As it was unreasonable to rely on the search warrant, the good faith exception to the exclusionary rule does not apply.” United States v. Powell, 2022 U.S. Dist. LEXIS 2901 (N.D.Cal. Jan. 6, 2022).

Defendant was a passenger in a car subjected to a felony stop, and he wouldn’t keep his hands completely visible. Officers got him out and searched him finding a gun in the pocket he kept moving his hand to. That was reasonable. United States v. Castro, 2022 U.S. Dist. LEXIS 2876 (D.Ariz. Jan. 5, 2022).*

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