What is the "good faith" exception to a finding that a search warrant was invalid for lack of probable cause?

California, United States of America


The following excerpt is from People v. Hernandez, A135426, A138001 (Cal. App. 2014):

Since Sergeant Rullamas's conclusion was reasonable, the subsequent execution of a facially valid warrant, issued by a neutral magistrate, was done in good faith. Therefore, even if the warrant was invalid for lack of probable cause, its execution was nonetheless proper. (Massachusetts v. Sheppard (1984) 468 U.S. 98l, 987-988.)

We conclude that the "good-faith" exception applies. Thus, even assuming defense counsel should have challenged the sufficiency of the probable cause supporting the search warrant, the searching officers acted in good faith on what appeared to be a facially valid warrant signed by a neutral magistrate. (United States v. Leon, supra, 468 U.S. at p. 923.) Accordingly, defense counsel cannot be faulted for failing to file a futile motion.

Other Questions


Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the good faith exception apply when a search warrant does not establish probable cause? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does a finding of good cause to conduct a nighttime (6:00 a.m) search of a house pursuant to a search warrant issued by the Superior Court of California pursuant to an affidavit? (California, United States of America)
Can a search undertaken pursuant to an invalid search warrant be considered incident to an arrest based upon probable cause? (California, United States of America)
Is there any evidence that there is insufficient probable cause for the seizure of a laptop and the search warrant issued for that search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
What is the finding that the affidavit provided probable cause for issuance of a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.