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W.D.N.Y.: Several state failures in a search warrant otherwise in good faith was not enough to suppress

By John Wesley Hall, Jr.

The officers’ attempt at procuring a search warrant failed several statutory requirements because of his lack of training and experience. They sought help from other officers and failed to get it. The town JP also failed to so some things, but none of it rises to the level of bad faith to justify suppressing the search. The officers acted with good faith throughout, and that was sufficient to invoke the GFE to the exclusionary rule. (Half the opinion is quoting from Leon and Herring because of their relevance to the outcome.) United States v. Monroe, 2009 U.S. Dist. LEXIS 80479 (W.D. N.Y. March 17, 2009): This lack of knowledge and experience is not "sufficiently deliberate" so as to "trigger the exclusionary rule;" nor is it "sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system...continue to full post

Full post as published by Fourth Amendment on September 09, 2009 (boomark / email).