United States v. Bethal

I agree with the majority’s synopsis of this court’s prior cases regarding probable cause to search a defendant’s residence. However, I would hold that based on that precedent, the affidavit established probable cause to search Bethal’s residence; and that, even if there were not probable cause, the fruits of the search are admissible under the good faith exception.

I. PROBABLE CAUSE

As an initial matter, I note that “reviewing courts are to accord the [issuing] magistrate’s determination” that probable cause exists “ ‘great deference.’ ” United States v. Allen, 211 F.3d 970, 973 (6th Cir.2000)…