Does the good faith exception apply when a warrant is issued without cause?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ayala-Zepeda, 51 F.3d 282 (9th Cir. 1995):

We review de novo the district court's decision to apply the good faith exception. United States v. Ramos, 923 F.2d 1346, 1353 (9th Cir.1991). When a warrant is based on insufficient probable cause, the evidence need not be suppressed if the executing officer relied in good faith on the warrant's validity. United States v. Leon, 468 U.S. 897, 920-22 (1984). This reliance must be objectively reasonable. Id. at 922. The good faith exception itself has exceptions and may not be invoked if the affidavit supporting the warrant was based on the affiant's knowing or reckless falsity, or if the magistrate issuing the warrant abandoned his neutral and detached role, to act instead as " 'an adjunct law enforcement officer.' " Id. at 914. Likewise, the court will not defer to a warrant " 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.' " Id. at 923 (quoting Brown v. Illinois, 422 U.S. 590, 611 (1975)). Nor can an officer rely in good faith on a warrant that is so facially deficient, e.g., by failing to state with particularity the place to be searched and items to be seized, that he cannot reasonably presume it to be valid. Leon, 468 U.S. at 923.

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