AJ 014 Lecture Notes - Lecture 8: W. M. Keck Observatory, Police Misconduct, Affidavit

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: ahle

Document Summary

Exclusion does not apply when there is good faith reliance on law, defective search warrant, or clerical error. When the police arrest someone erroneously but in good faith thinking that they are acting pursuant to a valid arrest warrant, search warrant, or law. Normally, if a search warrant is invalid (eg. it is not supported by probable cause), any search done pursuant to it will be unconstitutional, and the evidence will be excluded at trial. However, if police reasonably but erroneously believe that the warrant which they have been issued is valid, the exclusionary rule will not apply. F: officers acted in reasonable reliance on a search warrant issued by a detached and neutral magistrate that was ultimately found to be unsupported by a probable cause. F: there had been a mistake about the warrant due to a technical error. As soon as morgan called anderson to tell him, the arrest had already happened.