Does the good faith exception apply to a search warrant for a drug dealer who allegedly uses a so-called narcotics code?

Application of the good faith exception is particularly appropriate in the instant case because the legal question of whether probable cause existed is a close one. Under federal law, a search warrant is properly issued if a neutral magistrate finds that, under the totality of the circumstances, probable cause exists to believe that a crime has been committed and there is a fair probability that the premises will yield the objects specified in the search warrant. See United States v. Travisano, 724 F.2d 341, 346 (2d Cir.1983). "The fact that an innocent explanation may be consistent with the facts as alleged ... will not negate probable cause." Fama, 758 F.2d at 838.

We have noted that drug dealers rarely speak openly about their trade; instead, they often engage in a so-called "narcotics code." United States v. Sisca, 503 F.2d 1337, 1343 (2d Cir.), cert. denied, 419 U.S. 1008, 95 S.Ct. 328, 42 L.Ed.2d 283 (1974). Use of such a narcotics code is certainly "supportive of a probable cause finding." United States v. Feola, 651 F.Supp. 1068, 1096 (S.D.N.Y.1987) (quoting United States v. Fury, 554 F.2d 522, 530-31 (2d Cir.), cert. denied, 433 U.S. 910, 97 S.Ct. 2978, 53 L.Ed.2d 1095 (1977)), aff'd, 875 F.2d 857 (2d Cir.), cert. denied, 493 U.S. 834, 110 S.Ct. 110, 107 L.Ed.2d 72 (1989). We have, however, never explicitly addressed whether the use of an alleged narcotics code can provide the sole basis for the issuance of a warrant.