S.D.N.Y.: Time frame for particularity could have been better stated, but good faith still applies

A time frame in the search warrant to limit the breadth of the search would have been better, but the circuit law on that isn’t clear that it’s required, and that thus triggers the good faith exception. United States v. Levy, 2013 U.S. Dist. LEXIS 25508 (S.D. N.Y. February 25, 2013): Undoubtedly, it would have been preferable if the Government had included a more specific time frame in the Search Warrant. However, "[t]he Second Circuit has not yet addressed the impact of the absence of a time frame to the particularity of a search warrant." Hernandez, 2010 U.S. Dist. LEXIS 719, 2010 WL 26544, at *11. The Court need not resolve whether the lack of a time limit renders the Search Warrant unconstitutional because the continuing uncertainty in this Circuit regarding this issue triggers the good-faith exception to the exclusionary rule. See 2010 U.S. Dist. LEXIS 719, [WL] at *12; Cohan, 628 F. Supp. 2d at 367. Thus, "close" only applies in horseshoes, nuclear war, and the good faith exception.