{"id":7322,"date":"2012-07-25T12:46:57","date_gmt":"2012-06-20T13:27:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-20T13:27:53","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7322","title":{"rendered":"CA10: Lack of state good faith exception irrelevant in a federal criminal case"},"content":{"rendered":"

Defendant\u2019s search incident pre-Gant was valid under McCane and Davis, so the motion to suppress was properly denied. The fact state law had no good faith exception was irrelevant in a federal case. United States v. Madden<\/a>, 682 F.3d 920 (10th Cir. 2012):<\/p>\n

Madden argues the good-faith exception does not apply in this case for several reasons. He first asserts the search of his vehicle was not objectively reasonable because the state of Oklahoma does not recognize the good-faith exception and Officer Balderrama should have known that. Whether Oklahoma recognizes the good-faith exception, however, has no bearing on the outcome of this case. This court is not bound by a state court’s interpretation of the Fourth Amendment. Wilder v. Turner, 490 F.3d 810, 814 (10th Cir. 2007). “[I]n federal prosecutions the test of reasonableness in relation to the Fourth Amendment protected rights must be determined by Federal Law even though the police actions are those of state police officers.” United States v. Green, 178 F.3d 1099, 1105 (10th Cir. 1999) (quotations omitted). Whether an “arrest, search, or seizure may have violated state law is irrelevant as long as the standards developed under the Federal Constitution were not offended.” Id. (quotation omitted).<\/p><\/blockquote>\n

In fact, the mere lack of a state good faith exception would be a good reason for the USAO to take a case. Quirks in state search and seizure law often lead to the “silver platter” giving the feds a search bad under state law but not federal law. Been there, done that.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7322","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7322","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7322"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7322\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7322"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7322"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7322"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}