What is the "good faith exception" to the exclusionary rule of search warrants?

California, United States of America


The following excerpt is from People v. Duke, A134692 (Cal. App. 2012):

The "good faith exception" exists in recognition of the underlying purpose of the exclusionary rule. " 'If the purpose . . . is to deter unlawful police conduct, the evidence obtained from a search should be suppressed only if it can be said that the law enforcement officer had knowledge, or may properly be charged with knowledge, that the search was unconstitutional under the Fourth Amendment.' " (United States v. Leon (1984) 468 U.S. 897, 919 (Leon).) "This is particularly true . . . when an officer acting with objective good faith has obtained a search warrant from a judge or magistrate and acted within its scope. In most such cases, there is no police illegality and thus nothing to deter. It is the magistrate's responsibility to determine whether the officer's allegations establish probable cause and, if so, to issue a warrant comporting in form with the requirements of the Fourth Amendment. In the ordinary case, an officer cannot be expected to question the magistrate's probable-cause determination or his judgment that the form of the warrant is technically sufficient." (Id. at pp. 920-921, fn. omitted.)

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)
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 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)
Does the good faith exception apply to negligent conduct by law enforcement officials such as conducting a search when the officials in question should have known a search was unconstitutional? (California, United States of America)
Does the search in the search warrant form part of a 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 good faith exception to the Exclusionary Rule when searching a defendant's home? (California, United States of America)
How has the good faith exception been interpreted in a search warrant application? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.