Second Circuit finds good faith exception applies in case U.S. Supreme Court ordered remanded in light of Carpenter.

This case was briefly mentioned on this blog back on August 9 as being one of a series of cases that the U.S. Supreme Court reversed and remanded for reconsideration in light of Carpenter. This is the first of those cases to be decided.
The Second Circuit swiftly decided that the good faith exception applies although there was no precedent in the Circuit supporting the search. They decided, in the end that the statute itself insulated the officers because it was not “clearly unconstitutional,” relying in part on United States v. Zodhiates, a case discussed back on September 15 on this blog.
To me, this continues the push by the federal courts to expand the good faith exception beyond the meaning of what the Supreme Court has laid out.

The case is United States v. Chambers, 2018 U.S. App. LEXIS 27073 (2nd Cir.) (September 21).

Related Posts
  • Fighting Google Keyword Warrants Read More
  • Three new cases coming up that will affect Carpenter litigation, all in Massachusetts. Read More
  • Middle District of Tennessee holds Iphones in plain view can be seized during a lawful arrest or encounter. Read More