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W.D. Wash.: GFE does not apply to SW execution issues where something outside SW was searched

By John Wesley Hall, Jr.

Search of an office in a portable trailer separate from an airport hanger where the hanger was the subject of a search warrant was unreasonable under the warrant. The good faith exception does not apply to execution issues like this. United States v. Garner, 2009 U.S. Dist. LEXIS 39562 (W.D. Wash. April 27, 2009): Plaintiff argues that suppression of the evidence obtained is not an automatic consequence of an unreasonable search. Dkt. 55 at 7-9. Plaintiff asserts that the Court should rely on the good faith exception announced by the Supreme Court in United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). Defendants counter with the Tenth Circuit's holding in United States v. Angelos, 433 F.3d 738 (10th Cir. 2006), that the Leon exception does not apply when "the problem lies in the execution, and not the constitutionality, of the search warrant...continue to full post

Full post as published by Fourth Amendment on May 16, 2009 (boomark / email).