What is the test for the good faith exception in the context of the search warrant application?
California, United States of America
The following excerpt is from People v. Rosas, 264 Cal.Rptr.3d 43, 50 Cal.App.5th 17 (Cal. App. 2020):
3 In light of our conclusion, we need not address appellant's contention that both searches were the fruits of an unlawful detention. We also need not address his claim that the erroneous information conveyed by dispatch was not attributable to the police, such that the good faith exception did not apply. (See, e.g., People v. Willis (2002) 28 Cal.4th 22, 36, 120 Cal.Rptr.2d 105, 46 P.3d 898.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
How has the good faith exception been interpreted in a search warrant application? (California, United States of America)
