Does the good faith exception to the exclusionary rule apply where a warrant has been issued under the incorrect statute?

MultiRegion, United States of America

The following excerpt is from United States v. Fregia, 20-30158 (9th Cir. 2021):

[2] Even if the orders did not comply with state law because they were issued under the incorrect statute, the good faith exception to the exclusionary rule applies because there is no evidence that the officers acted in bad faith. See United States v. Henderson, 906 F.3d 1109, 1119-20 (9th Cir. 2018) (explaining that "application of the good faith exception is permitted where a warrant is void because of a magistrate judge's jurisdictional violation, so long as the executing officers had an objectively reasonable belief that the warrant was valid," and holding that the good faith exception barred suppression of the evidence because there was no evidence officers acted in bad faith).

[3] Fregia's reliance on United States v. Velazquez, 855 F.3d 1021 (9th Cir. 2017), also is unavailing. There, the defendant "clearly and consistently raised concerns about her representation," but the court denied the substitution motion without inquiry. Id. at 1035. Unlike in Velazquez, Fregia did not raise the subject of his withdrawn motion again until after the verdict was rendered.

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