Court-Martial Trial Practice Blog
The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth.’ Leon, 468 U.S at 923; see also id. at 926 (‘[S]uppression is appropriate … if the officers were dishonest or reckless in preparing their affidavit or could not have harbored an objectively reasonable belief in the existence of probable cause.’).” There was nothing to support probable cause except the officer’s experience. No facts, no nothing.
United States v. Roman, 2018 U.S. Dist. LEXIS 145893 (D. Mass. Aug. 28, 2018). I wonder if there’s something about the MCIO search authorization requests to challenge? Much of their declaration is supposition, speculation, and “experience” as they go on a fishing expedition.