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Second Circuit· 9/25/2008

United States v. Falso

Citations

  • 544 F.3d 110
  • 2008 U.S. App. LEXIS 20334
  • 2008 WL 4349232

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a split among panel members shows that reasonable minds could differ, indicating satisfaction of the Leon exception
  • holding that allegation that defendant attempted to access child pornography website, combined with prior conviction for child sexual abuse, was insufficient to show probable cause for search - 23 - when no association between those two facts was \stated or supported\
  • explaining that evidence obtained by officers ʺin objectively reasonable relianceʺ on a subsequently invalidated warrant is not generally subject to exclusion
  • holding that the affidavit failed to state probable cause because it relied on a “fallacious inference” linking child sexual abuse to child pornography, but applying the good faith exception because “[probable cause] is certainly an issue upon which reasonable minds can differ”
  • concluding that the good-faith exception applied in similar circumstances
  • holding with respect to warrant application based in part on 18-year-old conviction that “even if [the defendant’s] prior conviction were relevant to the analysis, it should have only been marginally relevant because the conviction was stale”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Sotomayor, Livingston

Read full opinion on CourtListener

Cited by

75 cases in this archive cite this case; the 20 most cited are listed.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Falso

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.