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Source Necessary and Proper Clause Necessary and Proper Clause Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

A magistrate issues a search warrant based on an affidavit later found insufficient to establish probable cause. The affidavit was not knowingly false and described recent suspicious purchases and a tip from a named neighbor, but the reviewing court concludes the information fell short. The defendant seeks suppression.
Which statement best describes the good-faith issue?

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The good-faith exception abolishes the exclusionary rule for all Fourth Amendment violations. Evidence must always be suppressed whenever a warrant later turns out to lack probable cause. The good-faith exception may permit admission when officers reasonably rely on a warrant issued by a neutral magistrate, unless reliance was unreasonable for reasons such as a bare-bones affidavit, facial deficiency, magistrate abandonment, or police deception. The good-faith exception applies only if the defendant confesses after the search.

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