Whether the federal good faith exception applied in this federal case?
There is a bad, good faith exception in federal cases. Defendant was convicted of possession of methamphetamine. Defendant appealed. On appeal, defendant argued that the GPS tracking data from his phone and Google email account should have been suppressed. The Eighth Circuit Court of Appeals held that the officers were entitled to rely on the magistrate judge’s finding that there was a nexus between the geolocation data requested and criminal activity, and the good faith exception applied to the warrants.
Commentary: With all due respect, the good faith exception eviscerates the requirements of the United States Constitution.
United States v. Barnes, 20-2583, Kobes, J. Appealed from the United States District Court, District of Minnesota.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.