The warrant\u2019s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn\u2019t incorporated. Still, however, the good faith exception applies. This was negligent at worst. \u201c[T]he executing officers’ actions in their search for the shallow grave \u2018did not reflect the type of deliberate, reckless, or grossly negligent disregard for the Fourth Amendment that the exclusionary rule can effectively deter.\u2019 \u2026 Instead, the executing officers contacted the victim to get a better idea of where the shallow grave was located.\u201d United States v. Sierra, 2022 U.S. Dist. LEXIS 131006 (D.S.D. July 21, 2022). {If it’s a mile off, what about open fields applying?]<\/p>\n\n\n\n
Defendant seeks application of a narrower rule of particularity and relies on a Fifth Circuit case, except that case was vacated for rehearing en banc. Even if it later comes out as he hopes and then gets adopted in this circuit, the good faith exception would apply anyway. United States v. Deschambault, 2022 U.S. Dist. LEXIS 131106 (D. Me. July 25, 2022).*<\/p>\n\n\n\n
To show standing in a rental car rented by another under Byrd, defendant has to show that he had permission to have the rental car from the renter. Here, he failed. United States v. Daniels<\/a>, 2022 U.S. App. LEXIS 20392 (4th Cir. July 25, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":" The warrant\u2019s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn\u2019t incorporated. Still, however, the good faith exception applies. This was negligent at … Continue reading