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AL: Affidavit was so deficient the good faith exception did not apply

By John Wesley Hall, Jr.

Affidavit for search warrant was so lacking in probable cause that the officer could not rely on it, so the the good faith exception did not apply. Here, the officer who executed the search warrant was the one who wrote the affidavit and applied for it. This arose in the context of an IAC claim. Ex parte Green, 2008 Ala. LEXIS 155 (July 18, 2008): The application of and rationale for the good-faith exception are particularly inappropriate where, as here, the officer is executing a search warrant that depends on his own affidavit. It is "'disingenuous, after having gone to [a district judge] with the paltry showing seen here, to suggest, as the [State] suggests, that at bottom it was the [district judge] who made the error and the search and seizure are insulated because the officer's reliance on that error was objectively reasonable...continue to full post

Full post as published by Fourth Amendment on July 23, 2008 (boomark / email).