Good faith exception to exclusionary rule does not save defective warrant where reasonably well-trained officers should have recognized deficiency
SEARCH & SEIZURE United States v. Gonzales, No. 04-2126, ___ F.3d ___ (10th Cir. Mar. 1, 2005)(New Mexico). Government appeal of district court’s grant of defendant’s motion to suppress evidence obtained from residence under search warrant. HELD: In order for defective search warrant to survive under good faith exception to exclusionary rule set out by Supreme Court in United States v. Leon, 468 U.S. 897 (1984), there must be some factual basis connecting place to be searched to defendant or suspected criminal activity. When such connection is "wholly absent," police officer’s affidavit and resulting warrant are "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable." Under such circumstances, exclusion is appropriate because "reasonably well-trained officers" should be able to recognize deficiency. Read the opinion here. |
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