{"id":46753,"date":"2021-01-08T00:00:22","date_gmt":"2021-01-08T05:00:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46753"},"modified":"2021-01-07T15:50:05","modified_gmt":"2021-01-07T20:50:05","slug":"ca5-standard-of-review-gfe-first-basis-for-finding-pc-second","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46753","title":{"rendered":"CA5: Standard of review: GFE first, basis for finding PC second"},"content":{"rendered":"\n

\u201cThis court engages in a two-step inquiry when reviewing a district court’s denial of a defendant’s motion to suppress which challenges the sufficiency of a warrant. \u2026 First, this court determines whether the good-faith exception to the exclusionary rule announced in United States v. Leon, 468 U.S. 897 (1984), applies. \u2026 If the good-faith exception does not apply, this court proceeds to the second step and determines whether there was probable cause justifying issuance of the warrant. \u2026 [\u00b6] Contrary to Regan’s assertions otherwise, the affidavit was not so bare bones as to render belief in the existence of probable cause entirely unreasonable. \u2026 To the contrary, the affidavit provided specific information, based on a cyber tip and evidence received by a subpoena, that the defendant’s residence was associated with IP addresses that were associated with child pornography during the relevant period. Further, there is no evidence that the issuing magistrate judge was misled by knowingly or recklessly false information in the affidavit or that the judge wholly abandoned his or her judicial role. \u2026\u201d United States v. Regan<\/a>, 2021 U.S. App. LEXIS 372 (5th Cir. Jan. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThis court engages in a two-step inquiry when reviewing a district court’s denial of a defendant’s motion to suppress which challenges the sufficiency of a warrant. \u2026 First, this court determines whether the good-faith exception to the exclusionary rule announced … Continue reading →<\/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":[11,96],"tags":[],"class_list":["post-46753","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46753","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=46753"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46753\/revisions"}],"predecessor-version":[{"id":46754,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46753\/revisions\/46754"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}