Whether the good faith exception to the exclusionary rule applies when an affidavit supporting a search warrant had been tainted by evidence obtained in violation of the Fourth Amendment?

QUESTION PRESENTED The Seventh Circuit has recently indicated, in its Decision in this present matter, that the good faith exception to the exclusionary rule with respect to federal search warrants applies even when the affidavit supporting that federal warrant is based upon evidence obtained in violation of the Fourth Amendment. In the instant case, the Seventh Circuit denied the Petitioner's request to suppress the evidence seized from Defendant’s cell phone as a result of the federal warrant, to vacate the Judgement of Conviction, and to allow Defendant to withdraw his guilty plea. The Supreme Court case law relating to the good faith exception to the exclusionary rule is United States vs. Leon, 468 U.S. 897 (1984). Leon requires that the good faith reliance be reasonable. Here, the F.B.I. had obtained a federal search warrant to search Defendant’s cell phone. However, the complete basis of the federal affidavit supporting that federal warrant had been derived from an earlier illegal state search warrant to search that cell phone, and evidence derived from that illegal warrant. The Seventh Circuit itself had indicated that this state search warrant had lacked probable cause. Yet, the Seventh Circuit had concluded that it was not unreasonable, and in good faith, for a trained agent of the F.B.I. to completely rely upon that illegal search warrant, and the fruits of that resulting search, in preparing the federal warrant and its supporting affidavit. Furthermore, this present Seventh Circuit Decision cites case law from another Circuit that, under the same circumstances as presented here, the good faith exception does not apply where a search warrant affidavit had been supported by evidence obtained in violation of the Fourth Amendment. This other Circuit had been the Ninth Circuit. This Seventh Circuit Decision also had cited a Sixth Circuit Decision that had aligned with this present Seventh Circuit Decision. Hence, the Circuits are in conflict concerning this standard. Clearly, the Ninth Circuit indication conflicts with that of the Sixth Circuit, as well as the Seventh Circuit’s recent Decision in the present matter. Furthermore, the Eleventh and Second Circuits are aligned with the Ninth Circuit. On the other hand, the Eighth Circuit is aligned with the Sixth and Seventh Circuit. This raises a question of law, which has never been considered by the United States Supreme Court. As indicated, the Seventh Circuit had concluded that the good faith exception to the exclusionary rule applies even when an affidavit supporting a search warrant had been tainted by evidence obtained in violation of the Fourth Amendment. Other Circuits are aligned with the Seventh Circuit. However, as discussed, these Circuits are in conflict with other cited Circuits. Accordingly, the question presented for review is: WHETHER THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE APPLIES WHEN AN AFFIDAVIT SUPPORTING A SEARCH WARRANT HAD BEEN TAINTED BY EVIDENCE OBTAINED IN VIOLATION OF THE FOURTH AMENDMENT? 1