Monday, January 25, 2010

New law from the courts:
Criminal - Search and SeizureU.S. v. Mitten, No. 09-1758 (1/20/10). Appeal, C.D. Ill. Affirmed.In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant's motion to suppress drugs seized from home of defendant's girlfriend, even though Dist. Ct. also found that affidavit supporting search warrant failed to establish probable cause. Dist. Ct. could properly rely on good faith exception to exclusionary rule where affidavit, which contained some evidence suggesting existence of drug sale activity at girlfriend's house, was not so lacking in probable cause that officer executing search warrant could not have believed that warrant was valid.

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