Rodriguez

United States v. Rodriguez

Good Law
85 F. App'x 598
United States Court of Appeals for the Ninth CircuitJanuary 12, 2004No. 02-80383; D.C. No. CR-02-06030-EFSCalifornia406 words

Opinion

Lead Opinion

MEMORANDUM **

Rodriguez argues that the Leon “good faith” exception does not apply in this case because the affidavit was “so deficient that any official belief in the existence of probable cause must be considered unreasonable.” 1 We review de novo Rodriguez’s challenge to the district court’s application of the Leon objective “good faith” exception.

Leon held that a facially-valid search warrant later determined to lack probable cause does not preclude the admission of evidence obtained pursuant to the search warrant, provided “the officer’s reliance on the magistrate’s probable-cause determination and on the technical sufficiency of the warrant he issues [is] objectively reasonable.” 3 Rodriguez argues that the affidavit, like the affidavit in United States v. Hove, was “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” 4 The affidavit in Hove did not connect the defendant or any criminal activity with the resi *600 dence to be searched, and thus “offer[ed] no hint as to why the police wanted to search [the] residence.” 5 Here, the affidavit in support of the search warrant, a 56-page document describing the…

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