How have the courts interpreted the good faith exception to the exclusionary rule in determining probable cause?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kohn, 958 F.2d 379 (9th Cir. 1992):

4 The government suggests that the court need not determine probable cause because the officers acted in "good faith" in executing the warrant. For obvious reasons, the good faith exception to the exclusionary rule does not apply when the police officer in question is alleged to have deliberately misstated or omitted facts in applying for the warrant on which he later relies. Mills v. Graves, 930 F.2d 729, 733 (9th Cir.1991).

5 The warrant authorized a search for evidence of marijuana growth only, not the mushrooms the officers seized.

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