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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19503
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Need a case in 9th circuit or US Supreme Court that states

Resolved Question:

Need a case in 9th circuit or US Supreme Court that states police can't rely on good faith in a search warrant just because they consulted with a prosecutor before filing it and the prosecutor approved the warrant.

Bonus will be paid for quick and accurate response for federal case near an end.
Customer
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

I'm sorry, but I wasn't able to find a Supreme Court or 9th Circuit case that specifically says that a warrant approved by a prosecutor is invalid. But that doesn't mean that it would be valid or allowed. If you have access to a law library, you can see if they have a system such as LexisNexis or Westlaw that would allow you to do a more in-depth search. The librarian could also help you look for 9th Circuit cases that cite the cases I have highlighted below, and that might help you find something that would help. That type of in-depth legal research is beyond the scope of this forum.

You can start with Massachusetts v. Sheppard, 468 U.S. 981 (1984). In that case, the Supreme Court explained the "good faith" exception as allowing a warrant to stand where the officers had an objectively reasonable reason for believing they had obtained a valid warrant. A prosecutor cannot issue a search warrant, and the police should know it, so you can distinguish Sheppard by showing that the police in your case did NOT have an objectively reasonable basis for believing that the warrant was valid. You can also cite the Fourth Amendment, which clearly states that a warrant must be issued "by a magistrate" (not a prosecutor).

You can also distinguish the other cases where the court allowed for a "good faith" exception. For example, in United States v. Leon, 468 U.S. 897 (1984), the officers took all appropriate measures to get a warrant, and only later found that it was invalid. If police only met with a prosecutor, again, that's not the same as actually receiving a warrant from a magistrate. In Arizona v. Evans, 514 U.S. 1 (1995), police were acting on a good faith believe that there was a valid arrest warrant for the defendant. That's not what happened in your case.

So, if there isn't a case that directly says, "police can't do this," what you can do is say, "Look at all these cases where the good faith exception was allowed, and look at how very different this case is from all of those cases. It's never been extended to a situation where police knew there was no warrant and didn't even apply to a magistrate to get one. Therefore, the exception shouldn't apply." Also, take a look at this article - it might give you some good ideas.
http://writ.news.findlaw.com/colb/20090121.html


Good luck.
Customer: replied 2 years ago.

Lucy:

 

I take it by your answer you don't have immediate access to the more powerful LexisNexis or Westlaw web sites. Since we need the answer quickly is is possible some other attorney on the JustAnswer web site my have direct access to such sites. I could repost the question with a note that an attorney answering needs to have such access.

 

John

Expert:  Lucy, Esq. replied 2 years ago.
Part of the problem is, those services cost hundreds of dollars per hour. So, even with the experts who have access, it's not cost-effective to use them to answer questions on this site, where we can't bill the customer for the cost of the service.

The other problem is that the types of in-depth research you're looking for really is beyond the scope of a simple Q&A site. Most of the experts are only able to provide a few cases, rather than in-depth research and analysis. That's what I was able to give you. More in-depth research takes a lot of time, and most experts aren't able to do it, given the constraints of this site.

If you do want to re-post the question with such a stipulation, I understand.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19503
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 8 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

I will accept your answer but possibly repost as some attorney may have a full Lexis Nexis or Westlaw acccout that normally charges a monthly fee so that no extra charge would be associated with using it for a quick search of the question I have .

 

Thank you,

 

John

Expert:  Lucy, Esq. replied 2 years ago.
Thank you. I hope you can find someone who has the sort of access you need.

Good luck with the case.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19503
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 8 other Criminal Law Specialists are ready to help you

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