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CA5: PC not resolved under good faith exception without a "novel question"

By John Wesley Hall, Jr.

Defendant was indicted and wanted in Tennessee, and he was seen in Bowie County, Texas. He was a known drug dealer. The officer put all he knew about the defendant in the search warrant request and included that in his experience drug dealers keep drugs and guns. The affidavit was not bare bones, and the question of probable cause is not even addressed because of the lack of a “novel question” of PC. The defendant then consented to a search of off-site storage buildings. United States v. Fields, 2010 U.S. App. LEXIS 11356 (5th Cir. June 3, 2010) (unpublished)*: “This court reviews conclusions of law regarding the sufficiency of a warrant de novo. Our review involves a two-step process, whereby we must first determine whether the good-faith exception to the exclusionary rule applies...continue to full post

Full post as published by Fourth Amendment on June 06, 2010 (boomark / email).