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S.D.Ohio: Withholding knowledge from affidavit belies good faith; suppression granted

By John Wesley Hall, Jr.

The good faith exception would not be to an officer's allegations in a search warrant affidavit where similar allegations were rejected in state court two months earlier. The officer made nearly the same allegation in a search warrant affidavit about a GNC's inositol that he alleged was a common cutting agent for cocaine. Since the officer sat through that state court suppression motion just two months before he wrote this affidavit, he was on notice that there was no probable cause because of the many legitimate uses of the product. Prevention of withholding information from the issuing magistrate is what the Leon exceptions are for. The motion to reconsider the denial of the motion to suppress is granted. United States v. Hopewell, 1:08-cr-065 (S...continue to full post

Full post as published by Fourth Amendment on April 02, 2010 (boomark / email).