Which situation can lead to the loss of the Good Faith exception?

The Good Faith exception is a legal principle that allows evidence collected in violation of a person's Fourth Amendment rights to be used in court if the law enforcement officers involved can demonstrate that they were acting under the belief that their actions were legal, based on a valid warrant. However, this exception can be challenged in certain scenarios.

A situation where the affidavit lacks probable cause directly impacts the validity of the warrant itself. If officers rely on a warrant that is based on an affidavit missing the necessary probable cause, they can no longer argue that they acted in good faith. This is because the legal foundation of their actions becomes questionable; without probable cause, the warrant cannot be deemed valid. Therefore, the Good Faith exception cannot protect evidence obtained under such circumstances, as the officers cannot reasonably maintain that they were acting under a legitimate belief in the legality of their search.

In contrast, scenarios such as a warrant being verified by a third party, an officer having a personal relationship with a magistrate, or a suspect consenting to the search do not inherently undermine the underlying assumption of good faith. Each of these situations either supports the validity of a search or does not directly affect probable cause required for a warrant.