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C.D.Cal.: Intentional Fourth Amendment violation obviates good faith exception

By John Wesley Hall, Jr.

The officers in this case did nothing to corroborate the anonymous informant or show his basis of knowledge, so the search lacked probable cause. As to the good faith exception, the defense put on some of the officers’ prior Fourth Amendment violations of others, and the court finds an intentional Fourth Amendment violation under Herring. Alternatively, the search warrant lacked a reasonable basis under Leon. United States v. Young, 2010 U.S. Dist. LEXIS 22035 (C.D. Cal. February 18, 2010): The Court finds that in this case, the culpability of the officers was high in that they intentionally engaged in conduct prohibited by the Fourth Amendment. The exclusion of the evidence found in the Mountain View residence would provide great deterrence for this wrongful police conduct...continue to full post

Full post as published by Fourth Amendment on March 16, 2010 (boomark / email).