FourthAmendment CriminalProcedure
Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability of the good faith exception in every challenge to the admission of evidence seized pursuant to a search warrant?
QUESTION PRESENTED Petitioner has consistently argued that evidence used against him ina criminal trial was unconstitutionally seized from his home pursuant to an invalid warrant and was therefore inadmissible under the exclusionary rule. The trial court concluded that the warrant was valid and permitted the evidence. Petitioner appealed that ruling, and the Indiana Court of Appeals declared that he could not establish reversible error without establishing both the invalidity of the search warrant and the absence of good faith in the execution of that warrant. The question presented is this: Does United State v. Leon, 468 U.S. 897 (1984), permit an appellate standard of review that requires an appellant to raise and rebut the applicability of the good faith exception in every challenge to the admission of evidence seized pursuant to a search warrant? ‘