Thomas Thadeus Szczerba v. United States
FourthAmendment CriminalProcedure Privacy
Does the Leon 'good-faith exception' to the exclusionary rule apply when a warrant fails to particularize the 'things to be seized' and fails to contain appropriate words of incorporation of an affidavit in support of the warrant?
QUESTIONS PRESENTED L. Does the Leon “good-faith exception” to the exclusionary rule apply when a warrant fails to particularize the “things to be seized” and fails to contain appropriate words of incorporation of an affidavit in support of the warrant? I. If the Leon “good-faith exception” to the exclusionary rule does not apply when a warrant fails to particularize the “things to be seized” and fails to contain appropriate words of incorporation of an affidavit in support of the warrant, may evidence obtained pursuant to the invalid warrant nevertheless be admitted if the executing officers’ conduct is not deliberate, reckless, or grossly negligent? i