The Winston-Salem Police Department received a telephone call from an informant known only as Lilly Divine. Lilly reported a possible crack manufacturing and distributing operation being operated out of downtown store. Lilly has given the Police tips in the past. Lilly detailed several men repeatedly going in and out of the store at various times of the day and night. She also identified the car and license plate number of the person thought to be running the operation.

Detective Maynard investigated the tip and went to a dumpster in the back of the store and found items commonly used in the manufacture of crack. The dumpster is used by all the merchants in the block where the suspected crack operation is located. Detective Maynard attempted to get a search warrant for the store. The detective asked his superior officer as well as an attorney whether the warrant seemed supported by probable cause. Both the men agreed there was probable cause. The warrant was issued.

During the search, Detective Maynard found some equipment used for crack manufacturing and a pipe containing a small amount of crack. If the warrant was later found not to be supported by probable cause, would the good faith exception apply?

Submitted by Jeff Trent

Wake Forest University

Answer

The exclusionary rule does not bar evidence obtained by officers acting in reasonable reliance on a search warrant issued by a magistrate but later found to not be supported by probable cause. U.S. v. Leon.  The police must behave in good faith and in an objectively reasonable manner.  Here the police officer asked his superior officer and an attorney.  Given these extraordinary facts, the officer will almost certainly be found to have acted in a objectively reasonable manner in believing there was probable cause for the warrant.  Thus, the evidence will not be excluded.