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Good faith exception is akin to "I think, therefore I am"

By John Wesley Hall, Jr.

Officer's testimony was that he believed he had probable cause, so the good faith exception applies, absent evidence he didn't have probable cause. [Won't they always testify they did?] United States v. Gravitt, 2008 U.S. Dist. LEXIS 88687 (N.D. Okla. October 31, 2008): In this case, Wilson relied on a warrant and the Court must presume that he was acting in good faith unless there are facts that indicate his reliance on the warrant was unreasonable. At the suppression hearing, Wilson testified that he relied upon Judge Klein's finding of probable cause and believed he was serving a valid warrant. Defendant has not shown that Wilson's affidavit was devoid of factual support or that his reliance on the warrant was wholly unwarranted. Wilson produced evidence of short-term traffic at West's residence that was consistent with drug trafficking...continue to full post

Full post as published by Fourth Amendment on November 05, 2008 (boomark / email).