Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice, an informant, to the effect that Susie was selling drugs. Alice had actually lied to Sam because she was angry with Susie for going out with Alice's

boyfriend. Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal. In Susie's apartment he found a small amount of marijuana that Susie used personally. Alice started feeling guilty and confessed that she had lied about the whole matter. Susie is being prosecuted. Does she have any defense based upon the warrant? Why or why not?


The good faith exception provides that evidence obtained by police in good faith will not be excluded from trial, even if it was obtained in violation of the Fourth Amendment. The fact that Alice lied will not help Susie. On the other hand, a warrant must describe in specific detail what is being searched or seized. The warrant was probably defective as being too broad, and the evidence should be excluded on that basis.

Business

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