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CA10: GFE first, and PC does not have to be resolved

By John Wesley Hall, Jr.

There was PC for a child pornography search of defendant's computer. The affidavit was supported by the officer's factual testimony linking defendant's internet protocol address with two separate offerings of unlawful files containing a digital signature identified with 99.99% certainty. As for the GFE, nothing in the record indicated that the agent would have had any reason to believe the affidavit was constitutionally infirm or even questionable. United States v. Harrison, 2009 U.S. App. LEXIS 12071 (10th Cir. June 4, 2009)*: "It is only when [an executing officer's] reliance was wholly unwarranted that good faith is absent." Cardall, 773 F.2d at 1133 (emphasis added); United States v. Medlin, 798 F.2d 407, 409 (10th Cir. 1986) (finding officers' reliance on warrant was objectively reasonable because warrant affidavit was not devoid of facts); United States v...continue to full post

Full post as published by Fourth Amendment on June 09, 2009 (boomark / email).