Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

AFCCA: CI provided details, and was barely corroborated; CFE saved warrant

By John Wesley Hall, Jr.

The CI gave detailed information about defendant's marijuana use. All the investigator could corroborate was that his roommate had a dirty UA. The issuing magistrate did not abuse her discretion in issuing the search warrant. Moreover, the good faith exception applied because the affidavit was not so lacking in probable cause that it should not have been issued. United States v. Cowgill, 2008 CCA LEXIS 494 (A. F. Ct. Crim. App. December 10, 2008) (2-1, but apparently unpublished): The military judge also did not find the affidavit so facially deficient in that it was a "bare bones" affidavit. We concur. By definition, "bare bones" affidavits are documents so lacking in information that a reasonable magistrate cannot find probable cause. The standard is that it must not only be unreasonable for the magistrate to issue the warrant, but that it is entirely unreasonable...continue to full post

Full post as published by Fourth Amendment on January 04, 2009 (boomark / email).