What is the test for the good faith defense?
The following excerpt is from USA. v. Bishop, 264 F.3d 919 (9th Cir. 2001):
2. The Government does not claim that this case falls under the goodfaith defense set forth in United States v. Leon , 468 U.S. 897 (1984). When the warrant was secured in part on the basis of unlawfully seized evidence, the good-faith defense does not apply. See United States v. Wanless, 882 F.2d 1459, 1466-67 (9th Cir. 1989).
2. The Government does not claim that this case falls under the goodfaith defense set forth in United States v. Leon , 468 U.S. 897 (1984). When the warrant was secured in part on the basis of unlawfully seized evidence, the good-faith defense does not apply. See United States v. Wanless, 882 F.2d 1459, 1466-67 (9th Cir. 1989).
3. This may account for the jury acquittal of Bishop of the one count of the manufacture of methamphetamine.
3. This may account for the jury acquittal of Bishop of the one count of the manufacture of methamphetamine.
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