Russell Davis v. United States
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?
Does the Leon good-faith exception apply to salvage a barebones affidavit?