Russell Davis v. United States
CriminalProcedure
Does the Leon good-faith exception apply to salvage a barebones affidavit?
QUESTIONS PRESENTED 1. Does the Leon good-faith exception apply to salvage a barebones affidavit where at an evidentiary hearing conducted to establish a record of sworn unrecorded facts provided to the magistrate to establish probable cause, the magistrate testified that he cannot recall any sworn unrecorded facts relayed, and the officer who applied for the warrant testifies that he “thinks” he summarized “the entire case” but cannot testify under oath to any specific fact relayed? 2. Does the Leon good-faith exception apply to salvage a barebones affidavit where the magistrate who issued the warrant testifies under oath that based on his longstanding perception of the credibility of the officer who applied for the warrant, he accepts the accusations of the officer to establish probable cause without independently evaluating the credibility of the source of information provided by the officer? ee