The search warrant for defendant’s new place was issued a year after the crime, but the affidavit showed the police they were involved in a long and intense investigation. Moreover, some specific evidence had not been located, and, even though defendant moved in the meantime, it was reasonable to believe it was still with him at the new address. Moreover, the good faith exception applies. United States v. Rodriguez, 2023 U.S. Dist. LEXIS 77587 (W.D.N.Y. May 3, 2023).
The indictment properly alleged a conspiracy under § 241 to violate someone’s Fourth Amendment rights. It doesn’t have to succeed to be a crime. “Although subjective intent is normally irrelevant under the exclusionary rule, in a civil rights prosecution ‘courts may inquire whether the officer acted with a corrupt, personal, and pecuniary purpose.’” United States v. Kaneshiro, 2023 U.S. Dist. LEXIS 77538 (D. Haw. May 2, 2023).