Does the good faith exception apply when officers seize evidence pursuant to a defective warrant?

MultiRegion, United States of America

The following excerpt is from In re 650 Fifth Ave. & Related Props., 934 F.3d 147 (2nd Cir. 2019):

15 In United States v. Rosa , 626 F.3d 56, 64 (2d Cir. 2010), we applied the good-faith exception when officers seized evidence pursuant to a defective warrant after they failed to attach an affidavit. The Government references our warning that "[n]ot every facially deficient warrant ... will be so defective that an officer will lack a reasonable basis for relying upon it." Id. at 66. But as that sentence continues, "the defective warrant in this case certainly did not have the glaring deficiencies of [those in other cases]." Id. The warrant here was glaringly deficient.

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