United States v. Pettis

1 Analyses of this case by attorneys

  1. D.Minn.: Assuming that the SW affidavit lacked PC, defendant makes no effort to show that the affidavit fit any of the exceptions to the GFE

    Law Offices of John Wesley HallJohn Wesley HallNovember 25, 2015

    Even assuming that the search warrant affidavit lacked probable cause, defendant makes no effort to show that the affidavit fit any of the exceptions to the good faith exception. United States v. Pettis, 2015 U.S. Dist. LEXIS 154439 (D.Minn. Oct. 28, 2015), adopted 2015 U.S. Dist. LEXIS 154254 (D. Minn. Nov. 16, 2015):Assuming without deciding that the search warrants lacked requisite probable cause, and that at the moment Pettis was initially seized, Officer Braun lacked the requisite probable cause to initiate the seizure, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to the exclusionary rule as articulated in United States v. Leon, 468 U.S. 897, 922, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). See also United States v. Clay, 646 F.3d 1124 (8th Cir. 2011) (“[T]he exclusionary rule should not be applied so as to bar the admission of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate, even if that search warrant is later held to be invalid.”