The good faith exception does not apply if: 1) the warrant was based upon false information knowingly or recklessly supplied by an affiant; 2) the warrant is facially deficient; or 3) the affidavit upon which the warrant was based is lacking in indicia of probable cause. Additionally, the good faith exception does not apply to a judge or magistrate who has abandoned his judicial role or is not detached and neutral. Cutter v. State, 646 N.E.2d 704, 714-15 (Ind. Ct. App. 1995).
Δ encountered a police car driving on a narrow road in the opposite direction. Δ backed his vehicle around a corner to allow the officer to pass. The officer stopped Δ for driving in reverse. Δ looked nervous. The officer asked if he could search the vehicle for weapons and found a handgun. Δ was charged with handgun no license. Driving in reverse is not, in and of itself, unlawful. “Although a law enforcement officer’s good faith belief that a person has committed a violation will justify a traffic stop, an officer’s mistaken belief about what constitutes a violation does not amount to good faith. Such discretion is not constitutionally permissible.” Ransom at 422. – “It was the State’s burden to show both that [the defendant’s] consent was voluntary and that there was a break in the casual connection between the unlawful stop and the evidence obtained.” The motion to suppress is granted. Ransom v. State, 741 N.E.2d 419 (Ind. App. 2000).
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