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Name: U.S. v. Crews
Case #: 06-30589
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/07/2007

When an affidavit upon which a search warrant is based demonstrates a sufficient link between the person to be searched, the evidence sought to be discovered, and the place to be searched, police reliance on it is objectively reasonable and the search will be upheld on the good faith exception. The defendants each were charged in separate indictments with being a felon in possession of a firearm. Defendant Crew claimed that the affidavit contained material superfluous information rendering the good faith exception unavailable. Defendant Manus claimed that the illegal activity was rendered “stale” by the time police executed the search warrant. The trial court agreed and granted the search motion. The panel reversed the district court’s orders, holding that because the affidavit upon which the search warrant was based demonstrated a sufficient link between the defendants, firearm evidence, and the apartment, it was not so lacking in indicia of probable cause as to render police reliance upon it objectively unreasonable, and, therefore, the good faith exception to the exclusionary rule applies.