CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, May 26, 2005

New 4th Amendment Case


United States v. Laughton, 6th  Cir.,  No. 03-1202, 5/17/05
A court addressing whether the good-faith exception to the Fourth Amendment's exclusionary rule salvages the fruits of a search warrant based on an affidavit that failed to establish probable cause may not take into account the knowledge of the affiant police officer in deciding whether it was reasonable for the officer to rely on the warrant, the Sixth Circuit decides. The question is not whether probable cause actually existed, but whether the police reasonably believed the warrant was properly issued, the court says."  The decision creates a split in authority with the 11th Circuit in United States v. Martin, 297 F.3d 1308, 71 CrL 554 (11th Cir. 2002).  Discussion here (subscription required), decision here.  [Mark Godsey]

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