Does the good faith exception apply when determining whether there was probable cause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cancelmo, 64 F.3d 804 (2nd Cir. 1995):
Although we recognize that the question of whether probable cause existed in the instant case is a close one, we need not resolve the issue because we conclude that the good faith exception applies. See, e.g., United States v. Moore, 968 F.2d 216, 222 (2d Cir.) (declining to decide issue of probable cause and relying instead on good faith exception), cert. denied, --- U.S. ----, 113 S.Ct. 480, 121 L.Ed.2d 385 (1992); United States v. Fama, 758 F.2d 834, 835 (2d Cir.1985) (same).
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