MBE Rules · Criminal Procedure

Good faith exception

Leon

The rule

Evidence obtained by officers in objectively reasonable reliance on a facially valid warrant later found defective is admissible. Exception does not apply if (1) magistrate misled by knowingly false affidavit, (2) magistrate abandoned neutral role, (3) affidavit so lacking in PC that reliance was unreasonable, OR (4) warrant facially deficient.

In plain English

If police act on a warrant they believe is valid, but it turns out to be flawed, the evidence might still be used in court unless the warrant was obviously bad or obtained dishonestly.

Worked example

Officer A searches a house based on a warrant that later turns out to have a typo in the address. Since the officer reasonably thought the warrant was valid, the evidence found can still be used in court.

Memory hook

Good Faith Grace: Warrant Wrong, Evidence Strong. If cops rely on a valid-looking warrant, evidence stays unless deceit or glaring errors exist.

The trap

Students think: Any defective warrant leads to exclusion. Wrong, because good faith reliance can save evidence unless the warrant is obviously flawed or deceitful. The actual test is objective reasonableness of reliance.

How examiners test it

The MBE loves: warrant later deemed invalid, but officer followed procedure. Trap: students assume automatic exclusion. Key: was reliance on the warrant objectively reasonable? Focus on exceptions like false affidavits or magistrate bias.

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