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OH7: Search incident of purse after handcuffing valid

By John Wesley Hall, Jr.

Probable cause was shown, but even if it wasn't, it was close enough for the good faith exception to apply. United States v. Garcia, 2009 U.S. Dist. LEXIS 23192 (E.D. Wash. March 10, 2009): Moreover, even if the search warrant lacked probable cause, the officers executing the search warrant were entitled to rely, in good faith, on the search warrant. See United States v. Crews, 502 F.3d 1130, 1136 (9th Cir. 2007). For the good faith reliance exception to apply, the officers must have relied on the search warrant in an objectively reasonable manner. Id. The affidavit "must establish at least a colorable argument for probable cause" for the exception to apply." Id. There are four circumstances in which the good faith exception does not apply because reliance is per se unreasonable: ...continue to full post

Full post as published by Fourth Amendment on March 28, 2009 (boomark / email).