08-27-2025, 08:57 PM
BTW that is in the third circuit, I'm in the seventh circuit. there is a split in the circuit regarding this.
In my circuit there are these cases:
In United States v. Burgard, 675 F.3d 1051 (7th Cir. 2012), the court held: "A delay of eight days between seizure and warrant was not per se unreasonable but emphasized that longer delays must be justified."
The Seventh Circuit has acknowledged United States v. Leon (1984), but has also warned:
"The good faith exception does not apply when law enforcement knew or should have known the warrant was invalid, or when the affidavit was recklessly misleading."
and finally:
United States v. Winn, 79 F. Supp. 3d 904 (S.D. Ill. 2015): The court suppressed evidence from a warrant that lacked particularity and authorized a search of all files without linking them to the alleged offense.
In my circuit there are these cases:
In United States v. Burgard, 675 F.3d 1051 (7th Cir. 2012), the court held: "A delay of eight days between seizure and warrant was not per se unreasonable but emphasized that longer delays must be justified."
The Seventh Circuit has acknowledged United States v. Leon (1984), but has also warned:
"The good faith exception does not apply when law enforcement knew or should have known the warrant was invalid, or when the affidavit was recklessly misleading."
and finally:
United States v. Winn, 79 F. Supp. 3d 904 (S.D. Ill. 2015): The court suppressed evidence from a warrant that lacked particularity and authorized a search of all files without linking them to the alleged offense.