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CA11: GFE saved search warrant for house without probable cause

By John Wesley Hall, Jr.

Good faith exception saved a search warrant that lacked probable cause for documents [at least the court decided probable cause] because there were no factual inaccuracies and the officer reasonably relied on it. United States v. Rodriguez, 2008 U.S. App. LEXIS 19486 (11th Cir. September 10, 2008) (unpublished)*: Though the warrant used to search Contreras's residence was not supported by probable cause, the evidence seized from the residence is still admissible under the Leon good faith exception, since the officers acted in reasonable reliance upon the warrant. Contreras does not allege any of the information in the warrant affidavit was factually inaccurate, and there is no evidence that the affiant officer was reckless or dishonest in preparing the affidavit...continue to full post

Full post as published by Fourth Amendment on September 15, 2008 (boomark / email).