Does the good faith exception apply when a search warrant does not establish probable cause?

California, United States of America


The following excerpt is from People v. Miller, B228287 (Cal. App. 2011):

Even assuming the warrant did not establish probable cause, we would conclude, as did the trial court, that the good faith exception applies. "[E]vidence obtained in violation of the Fourth Amendment need not be suppressed where the officer executing the warrant did so in objectively reasonable reliance on the warrant's authority. The test for determining whether the exception applies is 'whether a reasonably well trained officer would have known that the search was illegal despite the magistrate's authorization.' [Citation.]" (People v. Hulland, supra, 110 Cal.App.4th at p. 1653.)

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