Suppose that an officer gets a tip that a person is growing drugs. The tip is from someone that he knows. However, this officer is not a detective and does not deal with drug investigations so he passes the tip along to other officers. He does not reveal where he got the information. The detectives tell the magistrate that they have a tip, from a confidential informant (whom they don't know, who is not a regular informant), that X is growing drugs, that they've checked his light bill and his car registration and past criminal record. They have not investigated whether he has bought any marijuana growing paraphernalia or whether he has engaged in any suspicious activity. The magistrate issues the warrant and the officers uncover over 100 mature marijuana plants. The defendant seeks to have the evidence suppressed based on lack of probable cause. Could the good faith exception apply, or do you think the warrant was supported by probable cause?

Submitted by Heather Hoch

Wake Forest University

Answer

1- officers must have a good-faith objectively reasonable belief that they have probable cause for the good faith exception to the exclusionary rule to apply.  U.S. v. Leon

2- the magistrate should consider two factors when evaluating the informant's information 1- reliability of the witness 2- facts show the informant's basis of knowledge (veracity)  (correct prediction of future events will help corroborate the informant's story.