Search Warrant Lacked Probable Cause, But There's that Good Faith Exception

United States v. Knox, 883 F.3d 1262 (10th Cir. 2018) (KS, published): Knox filed a motion to suppress a rifle that was found in a suitcase on the floor next to the bed under which he was hiding when the police arrested him. The district court found that the warrant the police used to enter the house lack probable cause. However, the officers executing the warrant would have had a good faith basis for relying on it. On appeal, Knox argued this finding was incorrect. The panel partially agreed. It said when making its good faith decision, the district court should not have considered information not disclosed under oath to the issuing magistrate. Still, Knox loses his appeal because, even without this information, the affidavit was not so lacking in indicia of probable cause to render the officers’ belief in its existence entirely unreasonable.