Good faith exception to exclusionary rule may be applied where agent’s reliance on defective search warrant to search computer was reasonable
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United States v. Otero,
No. 08-2154, ___ F.3d ___ (10th Cir. Apr. 28, 2009)(New Mexico).
Government appeal of district court order suppressing evidence.
HELD: Where search warrant for search of computer lacked particularity and was therefore invalid, officer’s reliance on warrant was objectively reasonable in light of facts that she first sought approval of Assistant U.S. Attorney, warrant was approved by magistrate, and agent’s actions in conducting search showed that she limited scope of search to specific evidence related to suspected crimes. Because officer’s reliance on warrant was reasonable, good faith exception to exclusionary rule applied and district court erred by applying exclusionary rule to suppress evidence.
Read the opinion here.