CrimProf Blog

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

A Member of the Law Professor Blogs Network

Thursday, May 26, 2005

New 4th Amendment Case

From BNA.com:

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]

http://lawprofessors.typepad.com/crimprof_blog/2005/05/new_4th_amendme.html

Search and Seizure | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83546f04e69e2

Listed below are links to weblogs that reference New 4th Amendment Case: