Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant?

California, United States of America


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

Even if the Golden Gate Drive search warrant were lacking in probable cause, which we conclude is not the case here, the good faith exception to the exclusionary rule 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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