The affidavit for the search warrant was a close enough showing of probable cause to make reliance on the affidavit objectively reasonable under the good faith exception. United States v. Melendez, 2016 U.S. Dist. LEXIS 98940 (S.D.N.Y. July 28, 2016):
\n<\/p>\n
The Court need not determine whether probable cause existed for issuance of the warrant, as the good faith exception to the exclusionary rule is plainly applicable. The Court finds that the totality of the circumstances, particularly in light of Agent Reynolds’ corroboration of the caliber of firearm used in the November 25, 2015, homicide, provided a sufficient basis for Agent Reynolds to have reasonably relied on Judge Maas’ probable cause determination. Reynolds was able to corroborate a specific detail about the criminal activity at issue — the type of gun used in the November 25, 2015, shooting — which was a “sufficient detail[] suggestive of or directly related to criminal activity.” Lopez, 323 F. Supp. 2d at 474. This particular piece of information is more significant than the otherwise “innocent” information confirmed by Reynolds, and was a significant indicator of the veracity of the informant’s tip. Whether or not this particular piece of information was sufficient to establish probable cause for a search of the Premises, the Court holds that — based on his corroboration of this key detail — Agent Reynolds’ reliance on the search warrant was objectively reasonable. See Leon, 468 U.S. at 922.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
The affidavit for the search warrant was a close enough showing of probable cause to make reliance on the affidavit objectively reasonable under the good faith exception. United States v. Melendez, 2016 U.S. Dist. LEXIS 98940 (S.D.N.Y. July 28, 2016):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,20],"tags":[],"class_list":["post-23203","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23203","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=23203"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23203\/revisions"}],"predecessor-version":[{"id":23204,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23203\/revisions\/23204"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23203"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23203"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23203"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}