The following excerpt is from U.S. v. Fincher, 113 F.3d 1243 (9th Cir. 1997):
The evidence obtained from the government's search is admissible under the good faith exception established in United States v. Leon, 468 U.S. 897, 922-23 (1984), even if the government lacked probable cause for its warrant. The purpose of the Fourth Amendment's exclusionary rule is to "deter police illegality." United States v. Mendonsa, 989 F.2d 366, 369 (9th Cir.1993). We have held that evidence seized due to a magistrate judge's error will not be suppressed as long as the police officers involved were not responsible for the error. Id. Evidence will be suppressed when a magistrate judge is misled by information contained in the supporting affidavits which the affiant knows or should have known is false. Leon, 468 F.2d at 923.
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