D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

The warrant’s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn’t incorporated. Still, however, the good faith exception applies. This was negligent at worst. “[T]he executing officers’ actions in their search for the shallow grave ‘did not reflect the type of deliberate, reckless, or grossly negligent disregard for the Fourth Amendment that the exclusionary rule can effectively deter.’ … Instead, the executing officers contacted the victim to get a better idea of where the shallow grave was located.” United States v. Sierra, 2022 U.S. Dist. LEXIS 131006 (D.S.D. July 21, 2022). {If it’s a mile off, what about open fields applying?]

Defendant seeks application of a narrower rule of particularity and relies on a Fifth Circuit case, except that case was vacated for rehearing en banc. Even if it later comes out as he hopes and then gets adopted in this circuit, the good faith exception would apply anyway. United States v. Deschambault, 2022 U.S. Dist. LEXIS 131106 (D. Me. July 25, 2022).*

To show standing in a rental car rented by another under Byrd, defendant has to show that he had permission to have the rental car from the renter. Here, he failed. United States v. Daniels, 2022 U.S. App. LEXIS 20392 (4th Cir. July 25, 2022).

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