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"Four corners" rule does not apply to good faith exception

By John Wesley Hall, Jr.

"Four corners" rule limits probable cause determination of a search warrant to the four corners of the application. In applying good faith exception, however, the court may look beyond the four corners for good faith. State v. Santa, 2008 Ohio 168, 2008 Ohio App. LEXIS 143 (5th Dist. January 16, 2008) (not on court’s website yet). [*P45] In determining whether probable cause exists to support the issuance of a search warrant, a trial court is confined to the four corners of the affidavit and any recorded testimony made part of the affidavit pursuant to Crim.R. 41(C). See, State v. Wesseler (Feb. 17, 1998), Butler App. No. CA96-07-131, and Crim.R. 41(C). However, in determining whether the good faith exception to the exclusionary rule applies, numerous courts have held a trial court may look beyond the four corners of the affidavit and consider unrecorded oral testimony to determine whether the officer executing the search warrant did so in good faith reliance on the judge or magistrate's issuance of the search warrant...continue to full post

Full post as published by Fourth Amendment on January 23, 2008 (boomark / email).