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CA2: While child porn SW violated Groh, exclusionary rule not applied under Herring and Leon

By John Wesley Hall, Jr.

Defendant was accused of child pornography by his own victims, and the police raced to get a search warrant for his computer which had pictures of the kids that he showed them. While the failure to attach appropriate documents violated Groh, the court refuses to suppress the search under the exclusionary rule and the good faith exception. United States v. Rosa, 2010 U.S. App. LEXIS 22099 (2d Cir. October 27, 2010): Upon examining the circumstances of the case, we conclude that the officers acted reasonably and that the exclusionary rule would serve little deterrent purpose in this case. Given the time pressures and the content of the application and the affidavit, it is only reasonable to conclude that the failure to ensure that the items to be seized were properly limited under the express terms of the warrant was simply an inadvertent error that was the product of “isolated negligence...continue to full post

Full post as published by Fourth Amendment on October 31, 2010 (boomark / email).