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Does It Stay, or Does It Go?: Application of the Good-Faith Exception When the Warrant Relied Upon Is Fruit of the Poisonous Tree
| Content Provider | Semantic Scholar |
|---|---|
| Author | Cox, Alyson M. |
| Copyright Year | 2015 |
| Abstract | Table of ContentsI. Introduction 1506II. Background Law 1510A. The Exclusionary Rule 1510B. The Fruit-of-the-Poisonous-Tree Doctrine 1512C. The Good-Faith Exception 1513III. Problem at Issue 1515A. Circuits That Have Held the Good-Faith Exception Applies 15151. U.S. Court of Appeals for the Sixth Circuit......15152. U.S. Court of Appeals for the Fifth Circuit.......1518B. Circuits That Have Held the Good-Faith Exception Does Not Apply 15231. U.S. Court of Appeals for the Ninth Circuit......15232. U.S. Court of Appeals for the Eleventh Circuit 1525C. Circuits That Have Held Both Ways 15271. U.S. Court of Appeals for the Second Circuit 15272. U.S. Court of Appeals for the Eighth Circuit 1530IV. The Importance of Resolving the Current Circuit Split 1533V. Resolution 1537A. Good-Faith Execution of the Original Search or Seizure 1537B. Different Groups of Officers Conducted the Searches 1540C. Good-Faith Reliance Under Leon 1542D. Counterarguments 1544VI. Conclusion 1547I. IntroductionConsider the following scenario. During his evening patrol, Officer Jones pulls over a car for speeding. After approaching the driver's window, Officer Jones notices the driver quickly put out a lit item. Immediately suspicious, the officer asks the man what he had been smoking, to which he replies, "None of your business." Officer Jones searches the man's car for what he suspects to be marijuana. Though the officer does not locate any marijuana, he finds large bags of cocaine under the car's rear seats.Based on the quantity of cocaine located in the man's car, Officer Jones suspects the man's connection with a significant cocaine distribution ring recently discovered in the area. Thus, he decides to obtain a warrant to search the man's residence. Officer Jones presents an affidavit to the magistrate describing the events that led to his discovery of the cocaine. He gives the magistrate little detail, other than noting his assumption that the man had put out a hand-rolled joint. The magistrate issues a search warrant.Officer Jones and a few other police officers conduct a search of the man's home pursuant to the issued warrant.1 The officers discover hundreds of pounds of cocaine throughout the apartment. The officers arrest the man and charge him with possession with the intent to distribute a controlled substance. During pre-trial proceedings, defense counsel files a motion to suppress evidence obtained from the defendant's residence. Counsel argues that the search warrant is based on information obtained in an unconstitutional search of the defendant's car. The court determines that this original search was unconstitutional, but Officer Jones and the other officers relied upon the search warrant in good faith in searching the defendant's residence.The court now has a decision to make. … |
| Starting Page | 1505 |
| Ending Page | 1505 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| Volume Number | 72 |
| Alternate Webpage(s) | https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4471&context=wlulr |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
