Tag Archives: Good-Faith Exception

Criminal Practice – Search & Seizure – Warrant Application – Leon — Good Faith Exception – Omitted Facts (access required)

U.S. v. McKenzie-Gude Although a search warrant application did not specifically connect defendant to the residence to be searched, police had obtained extensive detail from a woman whose nephew shared defendant’s strong interest in acquiring weapons and explosives, and who confiscated from her nephew’s bedroom chemicals and their safety data sheets, and reported her nephew’s statement that defendant had brought an AK-47 to her home.

Read More »

It’s official: Good-faith exception part of state law (access required)

As Rep. Paul Stam, R-Wake, sees it, an injustice to the people of North Carolina has been righted with the passage of an act to provide for the adoption of the good-faith exception to the exclusionary rule into state law. "In some cases, a murderer, rapist or drug dealer will not go free. In other cases, like the victim in State v. Carter, an elderly rape victim won't have to testify twice because of an unjust suppression of evidence," Stam said. But Charlotte criminal defense attorney Bill Powers said the rationale for the exclusionary rule is not to protect guilty criminals.

Read More »

Stam pushes good-faith exception to exclusionary rule (access required)

The effort to adopt the good-faith exception to the exclusionary rule has been given a jolt by House Majority Leader Paul Stam (pictured). Stam, R-Wake, introduced a bill to adopt the exception, and it passed the House last week in an 81-36 vote and is now in the Senate Judiciary Committee I. "The practical result [if the bill passes] is that in an unknown number of cases, murderers, rapists and drug dealers won't get off on a technicality. They will have to pay for their crimes," Stam said.

Read More »