In what circumstances will the exclusionary rule be applied to quash or suppress a search warrant?

This information, considered in conjunction with the other information in the affidavit, was sufficient to allow the magistrate to make an informed probable cause determination. Thus, the lack of corroboration claimed by defendant was not fatal because it did not cast doubt on the main factors in the totality of circumstances test: the confidential informant's veracity and the basis of his or her knowledge. In other words, the totality of the circumstances was sufficient to support the magistrate's conclusion that there was a fair probability of criminal activity on the premises named in the affidavit. (Illinois v. Gates, supra, 462 U.S. at p. 238.) Defense counsel, therefore, did not render ineffective assistance by failing to move to quash the search warrant and to suppress the evidence.

Separately and alternatively, however, even assuming there was an insufficient showing of probable cause, we conclude that the search was saved by the so-called "good-faith" exception to the exclusionary rule. Under this exception, exclusion is not required "where police officers act in objectively reasonable reliance on a search warrant that is issued by a detached and neutral magistrate but is later found to be invalid for lack of probable cause . . . ." (People v. Willis (2002) 28 Cal.4th 22, 30.) However, "the good faith exception does not apply 'where the issuing magistrate wholly abandoned his judicial role,' where the affidavit was " 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable,' " or where the warrant was 'so facially deficienti.e., in failing to particularize the place to be searched or the things to be seizedthat the executing officers cannot reasonably presume it to be valid.' [Citation.] Thus, courts must determine 'on a case-by-case basis' whether the circumstances of an invalid search pursuant to a warrant require the exclusionary rule's

Page 33

application. [Citation.]" (Id. at p. 32, quoting United States v. Leon (1984) 468 U.S. 897, 923, 918.)