Legal Definitions - good-faith exception

The good-faith exception is a principle in criminal procedure that allows certain evidence to be used in court, even if it was obtained through a search warrant that is later found to be legally flawed. Normally, under the "exclusionary rule," evidence gathered illegally cannot be used against a defendant. However, this exception applies when law enforcement officers acted reasonably and genuinely believed the warrant they were executing was valid, even if a judge later determines there was a technical error or insufficient legal basis (like a lack of probable cause) for issuing it. In essence, if the police acted in "good faith" and without misconduct, the evidence might still be admissible.

Here are some examples illustrating the good-faith exception:

• Example 1: Clerical Error by a Magistrate

  A police detective meticulously prepares an affidavit detailing probable cause for a search warrant and presents it to a magistrate. The magistrate reviews the document, agrees there is sufficient probable cause, and signs the warrant. The police then execute the warrant, searching the specified location and discovering illegal contraband. Later, during a legal challenge, it is discovered that the magistrate inadvertently failed to initial a minor amendment on the warrant application, a technicality that, in strict legal terms, could render the warrant invalid. However, because the police reasonably relied on the magistrate's signature and the apparent validity of the warrant, the evidence found would likely be admissible under the good-faith exception.

• Example 2: Reliance on an Outdated Database

  Police officers obtain a search warrant for a particular address, believing a suspect resides there, based on information from an official police database that indicates the suspect's current residence. They execute the warrant and find evidence linking the suspect to a crime. Subsequently, it is revealed that the police database had not been updated, and the suspect had actually moved out of that address a week before the warrant was issued, making the warrant technically invalid for that location at the time of the search. Despite the warrant's technical invalidity, the officers' reliance on the official database and the issued warrant was reasonable and in good faith, meaning the discovered evidence could still be used in court.

• Example 3: Warrant Issued Under a Later-Invalidated Statute

  A state legislature passes a new law that modifies the requirements for obtaining search warrants for certain types of electronic data. Law enforcement officers, following the procedures outlined in this new statute, apply for and receive a warrant from a judge to search a suspect's computer. They execute the warrant and find crucial evidence. Several months later, a higher court rules that the new state law is unconstitutional because it infringes upon privacy rights, thereby retroactively invalidating all warrants issued under it. Even though the warrant was ultimately invalid, the police officers acted in good faith by following the law as it existed at the time and obtaining a warrant from a judge, making the evidence potentially admissible.