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The good-faith exception has been subject to significant criticism from civil rights groups and legal scholars. The American Civil Liberties Union has claimed that the exception enables dubious searches and limits the ability of defendants to contest the legality of a search. [ 21 ]
An officer acting in good faith and within the scope of a search warrant should not be subjected to Fourth Amendment constitutional violations. It is the magistrate’s or judge’s responsibility to ascertain whether the warrant is supported by sufficient information to support probable cause.
Good faith exception: If police officers acting in good faith (bona fides) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception. Independent source doctrine : If police obtain evidence illegally, but also obtain the same evidence through an independent, legal means, the evidence is ...
Edmunds rejected the federal "good faith exception" to the exclusionary rule of United States v. Leon, 468 U.S. 897 (1984) and established four factors which must be addressed whenever a legal issue implicates the state constitution: The text of the state constitutional provision, The provision's history including relevant case law,
Maryland v. Garrison, 480 U.S. 79 (1987), is a United States Supreme Court case dealing with the Fourth Amendment of the United States Constitution and the extent of discretion given to police officers acting in good faith. The Court held that where police reasonably believe their warrant was valid during a search, execution of the warrant does ...
Writing shortly after the decision, SCOTUSblog author Tom Goldstein stated that the decision was of "surpassing significance"; [13] but law professor and Fourth Amendment expert Orin Kerr suggested Goldstein was reading too much into the case, writing that Herring was best seen as "a narrow and interstitial decision, not one that is rocking the boat. ...
Justice Samuel Alito called it a “wisp” of a decision — a Supreme Court ruling Thursday that favored Catholic Social Services in Philadelphia but was far from the constitutional gale wind ...
In the US, a particular form is evidence laundering, where one police officer obtains evidence via means that are in violation of the Fourth Amendment's protection against unreasonable searches and seizures, and then passes it on to another officer, who builds on it and gets it accepted by the court under the good-faith exception as applied to ...