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E.D.La.: 5th Cir. policy is deciding GFE rather than PC

By John Wesley Hall, Jr.

"The Fifth Circuit instructs that when a defendant moves to suppress evidence on the ground that the search warrant was not supported by probable cause, 'principles of judicial restraint and precedent dictate that, in most cases, we should not reach the probable cause issue if a decision on the admissibility of evidence under the good-faith exception to the exclusionary rule will resolve the matter.' U.S. v. Flanders, 468 F.3d 269, 270 (5th Cir. 2006)." [You know where this is going.] Any entry prior to the issuance of the search warrant is mooted by the independent source doctrine. United States v. Jones, 2010 U.S. Dist. LEXIS 61625 (E.D. La. May 27, 2010).* Knock-and-talk consent was valid, and it was accompanied by a statement that consent could be refused...continue to full post

Full post as published by Fourth Amendment on June 24, 2010 (boomark / email).