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D.Mass.: While PC was doubtful, it was not completely lacking, and the good faith exception applied

By John Wesley Hall, Jr.

It seems doubtful that there was sufficient probable cause at the time the warrant was issued based on transactions a while ago and the inference of defendant’s involvement was weak, the good faith exception was enough to save this search. United States v. Catalano, 2011 U.S. Dist. LEXIS 2504 (D. Mass. January 11, 2011): ... It is not implausible, of course, that Catalano’s business premises would serve as a place where he would “stash” drugs and/or drug-related cash and records. Nevertheless, on the information presented in the affidavit, concluding that is more of a speculation than an inference. Unfortunately for the defendant, however, the “good faith exception” announced in United States v. Leon, 468 U...continue to full post

Full post as published by Fourth Amendment on January 13, 2011 (boomark / email).