Exclusion Exception for Good Faith

Question 1

United States v. Leon (SCOTUS 1984)

Answer 1

This case held that evidence obtained in good faith reliance on a warrant is admissible, even though the warrant is later proven to be unsupported by probable cause.

The court argued that here, the violation happened at the time of the search/seizure and the cost benefit analysis = does not deter police misconduct (because no misconduct) but the guilty person goes free.

Question 2

How can you disprove good faith?

Answer 2

1. Willful disregard for the truth
2. magistrate has wholly abandoned judicial role (i.e. not reading warrant application)
3. Officer relying on a clearly insufficient affidavit (i.e. places to be searched and people to be seized are not present)

Question 3

Illinois v. Krull (SCOTUS 1987)

Answer 3

This court held that evidence is admissible when the police relied in good faith on a statute that was later found to be unconstitutional.

Balancing test here does not deter police misconduct because it was the legislatures fault.

Question 4

Arizona v. Evans (SCOTUS 1995)

Answer 4

This court held that evidence is admissible when the police relied in good faith on the mistake of a clerk.

Balancing test here does not deter police misconduct because it was the clerk’s fault.

Question 5

Herring v. United States (SCOTUS 2009)

Answer 5

This court held that evidence is admissible when the police relied in good faith on a clerical error made by another police officer, indicating that the person they stopped had a warrant out for his arrest.