{"id":21011,"date":"2016-02-27T09:50:50","date_gmt":"2016-02-27T14:50:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21011"},"modified":"2016-03-01T10:50:52","modified_gmt":"2016-03-01T15:50:52","slug":"w-d-va-four-corners-rule-does-not-apply-to-additional-facts-supporting-good-faith-exception","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21011","title":{"rendered":"W.D.Va.: Four corners rule does not apply to additional facts supporting good faith exception"},"content":{"rendered":"<p>Defendant\u2019s original motion didn\u2019t support standing but his brief did, and the court finds he was an overnight guest with standing. \u201cAt the outset, the court seriously doubts that the search warrant in this case was valid. While a magistrate&#8217;s decision to approve a warrant application is entitled to great deference, the magistrate still must have a \u2018substantial basis\u2019 to find \u2018a fair probability that contraband or evidence of a crime will be found in a particular place.\u2019 Illinois v. Gates, &#8230;. In this case, the warrant application included few\u2014if\u2014any facts connecting 109 Francis Drive NW with marijuana distribution. &#8230; However, because it was objectively reasonable for Detective Lovell to rely on the search warrant, this court need not finally decide whether the magistrate erred in approving the warrant application. &#8230; Instead, the court will proceed immediately to the good faith analysis.\u201d The \u201cfour corners\u201d rule doesn\u2019t apply to good faith. \u201cTo determine \u2018objective reasonableness,\u2019 a court looks to the information included in the warrant affidavit and any \u2018uncontroverted facts known to the officers but inadvertently not disclosed to the magistrate.\u2019 <a href=\"https:\/\/scholar.google.com\/scholar_case?case=2124674307397624870&#038;q=671+F.3d+452&#038;hl=en&#038;as_sdt=1006\">United States v. McKenzie-Gude<\/a>, 671 F.3d 452, 459 (4th Cir. 2011); United States v. Brown, 481 F. App&#8217;x 853, 855 (4th Cir. 2012) (\u2018We may consider information conveyed to the magistrate but not contained in the affidavit as well as uncontroverted facts known to the officer but inadvertently not presented to the magistrate.\u2019)\u201d United States v. Campbell, 2016 U.S. Dist. LEXIS 20992 (W.D.Va. Feb. 22, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s original motion didn\u2019t support standing but his brief did, and the court finds he was an overnight guest with standing. \u201cAt the outset, the court seriously doubts that the search warrant in this case was valid. While a magistrate&#8217;s &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21011\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-21011","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21011","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21011"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21011\/revisions"}],"predecessor-version":[{"id":21083,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21011\/revisions\/21083"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}