What is the test for applying the good faith exception in a search warrant application?

California, United States of America


The following excerpt is from People v. Reyes, H035299 (Cal. App. 2011):

existence entirely unreasonable, or when the warrant was so facially deficient that the officer could not reasonably presume it to be valid. ([Leon, supra, 468 U.S.] at p. 923.) [] Application of the good faith exception requires a factual presentation of the officers' activity, which is then measured against a standard of objective reasonableness. [Citation.] This objective standard 'requires officers to have a reasonable knowledge of what the law prohibits.' [Citation.]" (People v. Gotfried, supra, 107 Cal.App.4th at pp. 264-265.)

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