{"id":55685,"date":"2023-08-27T08:05:30","date_gmt":"2023-08-27T13:05:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55685"},"modified":"2023-08-27T08:05:30","modified_gmt":"2023-08-27T13:05:30","slug":"ca5-gfe-applies-to-undated-instragram-posts","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55685","title":{"rendered":"CA5: GFE applies to undated Instragram posts"},"content":{"rendered":"\n<p>Undated Instagram messages were still sufficient for the good faith exception to apply to a warrant issued on them. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/22\/22-51070.0.pdf\">United States v. Mason<\/a>, 2023 U.S. App. LEXIS 22367 (5th Cir. Aug. 23, 2023)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>In light of all of the evidence, we conclude that the good-faith exception applies. We therefore need not reach the question of probable cause. The officers&#8217; belief that Mason was contemporaneously in possession of illegal firearms was objectively reasonable in light of the number and timing of the Instagram postings, the appearance in one photo of a new tattoo on Mason&#8217;s face, and the affiant&#8217;s conclusion that the guns were the type that gun owners would likely keep and not sell or transfer. Regarding location, the officers&#8217; belief that guns would be located inside of Mason&#8217;s home was also objectively reasonable, given that the substantial corroborating evidence confirms that the location depicted in several photos was Mason&#8217;s residence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Undated Instagram messages were still sufficient for the good faith exception to apply to a warrant issued on them. United States v. Mason, 2023 U.S. App. LEXIS 22367 (5th Cir. Aug. 23, 2023)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-55685","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55685","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=55685"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55685\/revisions"}],"predecessor-version":[{"id":55686,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55685\/revisions\/55686"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55685"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55685"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55685"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}