The defendant\u2019s arrest on this thin claim from an unproven and unreliable CI was without probable cause, and the search of his person is suppressed. The search warrant was also issued without probable cause, but the part of the hearing spent on the good faith exception wasn\u2019t concluded, and defendant requested it remain open. Despite that, the USMJ held the good faith exception applied. The hearing will still occur. The government carries the burden of proof on good faith. United States v. Chatmon, 2020 U.S. Dist. LEXIS 366 (W.D.N.Y. Jan. 2, 2020).<\/p>\n
This alleged state law violation is not a Fourth Amendment violation. The district court did not err in denying a motion to reconsider. Van Dyke v. Fultz<\/a>, 2020 U.S. App. LEXIS 2 (7th Cir. Jan. 2, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":" The defendant\u2019s arrest on this thin claim from an unproven and unreliable CI was without probable cause, and the search of his person is suppressed. The search warrant was also issued without probable cause, but the part of the hearing … Continue reading