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W.D.Va.: SW issued without PC was "rubber stamped" by state judge; GFE did not apply

By John Wesley Hall, Jr.

The search warrant in this case was issued without probable cause, not even close. The state judge who signed off on the search warrant can only be found to have "rubber stamped" the search warrant, so the good faith exception did not apply. Motion to suppress granted. United States v. Lester, 2009 U.S. Dist. LEXIS 29631 (W.D. Va. April 1, 2009)*: Despite the government's assertion to the contrary, I find that the Supreme Court's holding in Herring is not particularly relevant to the facts of this case -- other than to demonstrate the current Court's disfavor of the application of the exclusionary rule. See also Hudson v. Michigan, 547 U.S. 586, 591 (2006) (exclusionary rule applicable "only where its deterrence benefits outweigh its 'substantial social costs'" (quoting Leon, 486 U...continue to full post

Full post as published by Fourth Amendment on April 12, 2009 (boomark / email).