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Case 1:20-cr-00330-PAE Document 204 Filed 04/16/21 Page 115 of 239

establish that a law enforcement officer has acted in good faith in conducting the search.” Id.
(internal quotation marks and citations omitted); see also Golino v. City of New Haven, 950 F.2d
864, 870 (2d Cir. 1991) (noting that the “issuance of a warrant by a neutral magistrate, which
depends on a finding of probable cause, creates a presumption that it was objectively reasonable
for the officers to believe that there was probable cause”). Indeed, the good faith exception does
not apply only in four narrow circumstances:

(1) where the issuing magistrate has been knowingly misled; (2)
where the issuing magistrate wholly abandoned his or her judicial
role; (3) where the application is so lacking in indicia of probable
cause as to render reliance upon it unreasonable; and (4) where the
warrant is so facially deficient that reliance upon it is unreasonable.

United States v. Moore, 968 F.2d 216, 222 (2d Cir. 1992) (citing Leon, 468 U.S. at 923). The good
faith exception analysis applies in the context of court orders. See, e.g., Zodhiates, 901 F.3d at
143 (applying good faith analysis in Fourth Amendment challenge to cell phone location
information obtained by subpoena issued pursuant to 18 U.S.C. § 2703(c)(2)); United States v.
Serrano, No. 13 Cr. 58 (KBF), 2014 WL 2696569, at *7 (S.D.N.Y. June 10, 2014) (finding good
faith exception would apply to cell site information obtained pursuant to a subpoena authorized by
magistrate judge pursuant to 18 U.S.C. § 2703(d)); United States v. Ashburn, 76 F. Supp. 3d 401,
406, 414-18 (E.D.N.Y. 2014) (applying Leon to § 2703(d) orders for historical cell-site data
obtained and finding that the good faith exception applied).

ii. Discussion

The exclusionary rule and its remedy of suppression should not apply here, as the
Government issued a grand jury subpoena; sought the materials after applying to the district court
for an order to modify the civil protective order; and only obtained the materials after the district

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