What is the test for good faith in a police search warrant application?

California, United States of America


The following excerpt is from People v. Rivera, 186 Cal.App.3d 1276, 231 Cal.Rptr. 342 (Cal. App. 1986):

4 The lead opinion in Higgason did not reach the good faith question, holding that it could not be raised for the first time on appeal. The two concurring justices, although treating the issue, saw no distinction between a determination as to good faith and one as to probable cause. Neither of the concurring opinions sets out specific standards for assessing when police reliance on a subsequently invalidated warrant is reasonable (Higgason v. Superior Court, supra, 170 Cal.App.3d at pp. 941-953, 216 Cal.Rptr. 817).

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