A tribal judge was not a neutral and detached magistrate, and the good faith exception did not apply. The application for the search warrant was technically deficient in both form (lacking a prosecutor\u2019s signature) and substance (completely lacking probable cause), and the magistrate admitted that no application for a search warrant had ever been rejected or sent back for more information. And, it did, in fact, lack probable cause, and it was so lacking in showing a connection to defendant\u2019s home that the good faith exception did not apply. The officer couldn’t even link drugs found to defendant, let alone to defendant’s property. United States v. Rodriguez, 2020 U.S. Dist. LEXIS 192070 (D. S.D. Oct. 15, 2020).<\/p>\n\n\n\n
There was reasonable suspicion for defendant\u2019s parole search of his vehicle. United States v. Harden, 2020 U.S. Dist. LEXIS 191843 (M.D. Pa. Oct. 16, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A tribal judge was not a neutral and detached magistrate, and the good faith exception did not apply. The application for the search warrant was technically deficient in both form (lacking a prosecutor\u2019s signature) and substance (completely lacking probable cause), … Continue reading