Interesting 4th Circuit op from Judge Harris on the scope of the Leon good faith exception: Relying on circuit precedent, holding that officer knowing facts not put in affidavit can establish good faith. I'm skeptical that is right, a thread on why. ca4.uscourts.gov/opinions/17452… 
1st, I'm not questioning correctness of result in this opinion given circuit precedent. Rather, I'm questioning the circuit precedent. Leon is pretty clear it's an objective test: issue is how close the affidavit is to PC, not what officer knew or thought. From Leon:
The Leon court was pretty clear that what is in the mind of the officer is irrelevant.
It's true that an officer who knows more cause than he puts in an affidavit may think there is PC. But the warrant requirement requires there to be PC in the affidavit, not in the officer's mind. Seems odd that knowledge of other facts never told to mag can avoid suppression.
The case also raises the issue of what to fo with Herring, which introduced a subjective mens rea test outside the warrant context in some cases. I think the way to reconcile Leon and Herring is to say Leon alone applies in warrant setting, which was what Leon was about.
Given the current Supreme Court, the SCT would probably change the law and make the CA4 rule the law if it took the case, so I'm not asking for a cert petition. But seems wrong to me under Leon, FWIW.
