The following excerpt is from United States v. Eldred, 933 F.3d 110 (2nd Cir. 2019):
We therefore agree with our sister circuits that the good-faith exception is applicable even when a warrant is void ab initio , so long as the law enforcement agents executing such a warrant had an objectively reasonable belief that it was valid. See Horton , 863 F.3d at 1050 ; see also Henderson , 906 F.3d at 1118 (rejecting inapplicability of good-faith exception to warrant that is void ab initio because "good faith exception does not depend on the existence of a warrant, but on the executing officers objectively reasonable belief that there was a valid warrant"); United States v. Kienast , 907 F.3d 522, 528 (7th Cir. 2018) (noting that "whether the magistrate judge lacked authority has no impact" on availability of good-faith exception for police). The exception properly "applies to warrants that are void ab initio " in such circumstances because " the issuing magistrates lack of authority has no impact on police misconduct. " Werdene , 883 F.3d at 216 (quoting United States v. Master , 614 F.3d 236, 242 (6th Cir. 2010) ). We thus join our sister circuits in upholding the district courts application of the good-faith exception in this case.
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