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CA10: PC still found for search of defendant's home even though he had moved after crime

By John Wesley Hall, Jr.

Defendant was indicted for a two year old murder, and police obtained a search warrant for the weapon and clothing potentially worn during the murder, as well as possible communications between defendant and co-conspirators. Even though the defendant moved between the murder and the search warrant, it was reasonable for the magistrate to conclude that the evidence would still be retained at defendant’s new address. Under the Tenth Circuit’s rule (United States v. Gonzales, 399 F.3d 1225 (10th Cir. 2005)), the question of probable cause does not have to even be addressed if the good faith exception would apply, and it does here. United States v. Birch, 2010 U.S. App. LEXIS 22945 (10th Cir. November 4, 2010) (unpublished). [I've always disagreed with this approach to the GFE exception because it is judicial laziness to avoid deciding probable cause and it tends to stop development of the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on November 08, 2010 (boomark / email).