Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D.Mich.: No PC show in affidavit for SW, but it was not "so lacking" GFE did not apply

By John Wesley Hall, Jr.

The government failed to show probable cause for issuance of the search warrant that the item sought (a hunting bow) was evidence of a crime. However, the search warrant was not “so lacking” in probable cause that the good faith exception did not apply. United States v. Ray, 2010 U.S. Dist. LEXIS 48369 (E.D. Mich. April 20, 2010)*: The “so lacking” test is less demanding than the “substantial basis” test for determining the existence of probable cause so the mere lack of probable cause does not preclude the application of the good faith rule. Washington, 380 F.3d at 241. The present affidavit is not a “bare bones” affidavit that contains merely conclusions by the affiant.** D/Sgt. Gillet had gathered information from defendant and his wife, from the investigation of the break-in at Ed's Archery, and from the manufacturer of the Matthews FX bow...continue to full post

Full post as published by Fourth Amendment on May 19, 2010 (boomark / email).