What is the good faith exception to the Exclusionary Rule when searching a defendant's home?

California, United States of America


The following excerpt is from People v. Khan, H045524 (Cal. App. 2020):

Even if a close question, we conclude that the issuing magistrate had a substantial basis for concluding that probable cause existed for issuance of the search warrant, i.e., there was a fair probability that evidence of the crime would be found in defendant's home. (See Gates, supra, 462 U.S. at pp. 238-239; see also Unites States v. Jackson (9th Cir. 1985) 756 F.2d 703, 705 [direct evidence linking evidence to search site not

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required]; cf. United States v. Aljabari (7th Cir. 2010) 626 F.3d 940, 945 [Where affidavit provided reason to believe that the defendant had participated in the crime of arson, "[s]imple common sense supports the inference that one likely place to find evidence of a crime is the suspect's home, at least absent any information indicating to the contrary. [Citations.]"].)

3. Good Faith Exception to the Exclusionary Rule

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