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In United States constitutional law and criminal procedure, the good-faith exception (also good-faith doctrine) is one of the limitations on the exclusionary rule of the Fourth Amendment. [ 1 ] For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure , such as one executed ...
[C]urtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by ...
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 ...
Thus, for example, in Leon itself, the court concluded that the fruits of a search based on a search warrant later found defective should not be excluded because the rule's deterrent purpose "will only rarely be served by applying it in such circumstances," [7] and in Arizona v.
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.
Wolf v. Colorado, 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures.
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 ...
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 ...