Cert Petition in Thomas V. United States, No. 18-1344

46 Pages Posted: 5 Jun 2019

See all articles by Daniel R. Ortiz

Daniel R. Ortiz

University of Virginia School of Law

Juval Scott

Independent

Andrea Lantz Harris

Independent

Date Written: April 23, 2019

Abstract

In United States v. Leon, the U.S. Supreme Court created a “good-faith” exception to the exclusionary rule, which allows the admission of illegally obtained evidence if “the officers’ reliance on the magistrate’s determination of probable cause was objectively reasonable.” 468 U.S. 897, 926 (1984). The lower courts are split, however, over what information a court deciding a motion to suppress may consider in determining whether the officer’s reliance was reasonable. This cert petition argues that a suppression court cannot consider information known by the officer at the time she applied for a warrant but that she never disclosed to the issuing magistrate. Professor Ortiz helped draft it in his capacity as director of the University of Virginia School of Law’s Supreme Court Litigation Clinic.

Keywords: exclusionary rule, good-faith exception, Leon

Suggested Citation

Ortiz, Daniel R. and Scott, Juval and Harris, Andrea Lantz, Cert Petition in Thomas V. United States, No. 18-1344 (April 23, 2019). Virginia Public Law and Legal Theory Research Paper No. 2019-33. Available at SSRN: https://ssrn.com/abstract=3399141

Daniel R. Ortiz (Contact Author)

University of Virginia School of Law ( email )

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United States
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Juval Scott

Independent

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Andrea Lantz Harris

Independent

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