Kyle S. Matthews v. United States
FourthAmendment CriminalProcedure
Where a search warrant affidavit lacks probable cause
QUESTIONS PRESENTED A police officer may rely on an invalid search warrant if he acts with objective good faith, but not when the warrant lacks an indicia of probable cause supporting that evidence of a crime will be found in the place to be searched. 1) Where a search warrant affidavit lacks probable cause, in that it contains only the officer’s “belief” as to the existence of a connection between the defendant or his offense and the place to be searched, along with the officer’s general assertion that his information came from unspecified third parties and police officers, is this information sufficient to constitute “an indicia” of probable cause, such that an officer could have reasonably relied on the warrant? 2) In determining whether a warrant is based on information that constitutes an indicia of probable cause, is the fact that an officer consulted with the prosecutor in preparing a warrant affidavit a relevant consideration? i