The following excerpt is from United States v. Peel, No. 2:14-cr-00192-GEB (E.D. Cal. 2014):
believing that the warrant was properly issued.'" Id. (quoting Leon, 468 U.S. at 922-23). "If any of these four situations apply, . . . [the Court] 'need not inquire further' and can conclude that the good faith exception to the exclusionary rule does not apply." Id. (quoting United States v. Luong, 470 F.3d 898, 905 (9th Cir. 2006)). These situations include "where the affidavit is 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.'" Id. (quoting Leon, 468 U.S. at 923).
"An affidavit is so lacking in indicia of probable cause, or bare bones, when it fails to provide a colorable argument for probable cause." Id. (quoting United States v. Hove, 848 F.2d 137, 139-40 (9th Cir. 1988)). "A colorable argument is made when 'thoughtful and competent judges' could disagree that probable cause does not exist." Id. (quoting Hove, 848 F.2d at 139).
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