Does the exclusionary rule apply when a search warrant is obtained without the consent of an individual?

California, United States of America


The following excerpt is from People v. Cai, H038625 (Cal. App. 2016):

would apply. (United States v. Leon (1984) 468 U.S. 897, 920 ["when an officer acting with objective good faith has obtained a search warrant from a judge or magistrate and acted within its scope," the exclusionary rule does not apply].) As we have explained, the court's probable cause determination was not based on an affidavit containing knowing or reckless falsity. Nor was the affidavit facially deficient or " 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.' " (Id. at p. 923.)

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