What is the government's position on the exclusionary rule in the context of search warrants?

MultiRegion, United States of America

The following excerpt is from USA. v. Gantt, 194 F.3d 987 (9th Cir. 1999):

The government argues that even if a Rule 41(d) violation demanding suppression has occurred, the evidence should not be suppressed under the "good-faith" exception to the exclusionary rule. See United States v. Leon, 468 U.S. 897, 918 (1984). The good-faith exception is not relevant here.

The good-faith exception is applied when a magistrate erroneously issues a warrant but the officers involved are not expected to recognize the mistake. "If the executing officers act in good faith and in reasonable reliance upon a search warrant, evidence which is seized under a facially valid warrant which is later held invalid may be admissible. " United States v. Michaelian,

Page 1006

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