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
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