Does the exclusionary rule apply when evidence is obtained in objectively reasonable reliance on a defective search warrant?

California, United States of America


The following excerpt is from People v. Bell, 45 Cal.App.4th 1030, 53 Cal.Rptr.2d 156 (Cal. App. 1996):

The exclusionary rule is designed to deter police misconduct, not judicial error. No rule of exclusion applies when evidence is obtained in objectively reasonable reliance on a defective search warrant. Nothing is gained by penalizing the officer for a judicial error in issuing the warrant. (People v. Smith (1995) 31 Cal.App.4th 1185, 1191-1192, 37 Cal.Rptr.2d 524.)

The fact a neutral magistrate has issued a search warrant generally is enough to establish the good faith of officers who rely on it. There are, however, exceptions. The exception arguably relevant in this case is when "the affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable." (People v. Ruiz (1990) 217 Cal.App.3d 574, 581, 265 Cal.Rptr. 886.)

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