United States v. Kimberly Ann Hove, 848 F.2d 137 (9th Cir. 1988). · Go Syfert
United States v. Kimberly Ann Hove, 848 F.2d 137 (9th Cir. 1988). Cases Citing This Book View Copy Cite
256 citation events (143 in the last 25 years) across 29 distinct courts.
Strongest positive: United States v. Carpenter (ca6, 2004-03-09) · Strongest negative: United States v. Burgess (ca10, 2009-12-23)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited "but see" United States v. Burgess
10th Cir. · 2009 · signal: but see · confidence high
But see United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988).
examined Cited as authority (verbatim quote) United States v. Carpenter (3×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
the final warrant application, while it set forth facts suggesting that kimberly hove had sent threatening letters, never linked kimberly hove or any suspected criminal activity in any way with the 2727 deanza residence.
examined Cited as authority (verbatim quote) United States v. Carpenter, Sheila (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
6th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
the final warrant application, while it set forth facts suggesting that kimberly hove had sent threatening letters, never linked kimberly hove or any suspected criminal activity in any way with the 2727 deanza residence.
examined Cited as authority (verbatim quote) United States v. Kelvin Lee (5×) also: Cited as authority (rule)
9th Cir. · 1992 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
affidavit simply lists the deanza address as a location to be searched
discussed Cited as authority (rule) United States v. Russell Davis
6th Cir. · 2023 · confidence medium
See United States v. Waide, 60 F.4th 327, 342 (6th Cir. 2023); United States v. Laughton, 409 F.3d 744 , 751–52 (6th Cir. 2005); see also United States v. Knox, 883 F.3d 1262 , 1270–73 & n.7 (10th Cir. 2018); United States v. Hove, 848 F.2d 137, 140 (9th Cir. 1988).
discussed Cited as authority (rule) United States v. Robert Fowler
9th Cir. · 2023 · confidence medium
These facts are, at a minimum, “sufficient to create disagreement among thoughtful and competent judges as to the existence of probable cause.” Id. (quoting United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988)).
discussed Cited as authority (rule) United States v. Kyle Matthews
7th Cir. · 2021 · confidence medium
Consistent with Koerth on this issue, see, e.g., United States v. Knox, 883 F.3d 1262, 1272 (10th Cir. 2018); United States v. Frazier, 423 F.3d 526 , 535–36 (6th Cir. 2005); and United States v. Hove, 848 F.2d 137, 140 (9th Cir. 1988) (inquiry limited to four corners of search-warrant application).
discussed Cited as authority (rule) United States v. Kendall Thrift
9th Cir. · 2018 · confidence medium
United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988) (holding that the good faith exception applies when “the affidavit was sufficient to ‘create disagreement among thoughtful and competent judges as to the existence of probable cause’”) (quoting United States v. Leon, 468 U.S. 897, 926 (1984)).
discussed Cited as authority (rule) United States v. Knox
10th Cir. · 2018 · confidence medium
Rather, the Court held that the information contained in the affidavit, even without the information known to the officer but not included, “provide[d] significant corroboration to the [confidential informant’s] assertion[.]” Id. 11 Hove, 848 F.2d 137, 140 (9th Cir. 1988).7 The reasoning adopted by these courts is that the relevant Leon exception is an objective consideration of whether the affidavit and any accompanying sworn information is “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” Leon, 468 U.S. at 923 (quoting Br…
discussed Cited as authority (rule) United States v. Adolfo Guzman, Jr.
9th Cir. · 2016 · confidence medium
“The test for reasonable reliance is whether the affidavit was sufficient to ‘create disagreement among thoughtful and competent judges as to the existence of probable cause.’” United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988) (quoting Leon, 468 U.S. at 926 , 104 S.Ct. 3405 ).
discussed Cited as authority (rule) United States v. John Underwood (2×)
9th Cir. · 2013 · confidence medium
United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988).
discussed Cited as authority (rule) State v. Althaus
Kan. Ct. App. · 2013 · confidence medium
See Gonzales, 399 F.3d at 1231 (“For good faith to exist, there must be some factual basis connecting the place to be searched to the defendant or suspected criminal activity.”); United States v. Hove, 848 F.2d 137, 139-40 (9th Cir. 1988).
discussed Cited as authority (rule) Lane v. State
Ala. · 2012 · confidence medium
In Leon , “the Supreme Court held that evidence obtained pursuant to a facially-valid search warrant, later found to be invalid is inadmissible if the executing officers acted in good faith and in objectively reasonable reliance on the warrant.” United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Soto
D. Mass. · 2011 · confidence medium
Connection to the Premises The Sotos first assert that the supporting affidavit failed to establish a nexus between Steven Soto’s criminal activity and the Soto family residence at 56 Lawrence Road. 21 As a matter of first principle, police must establish probable cause to believe that the place to be searched is connected to the suspected criminal activity and is thus a likely repository of relevant evidence. 22 See United States v. Hove, 848 F.2d 137, 139-140 (9th Cir.1988) (affidavit inadvertently omitted a crucial paragraph connecting defendant to the premises to be searched).
discussed Cited as authority (rule) United States v. George Payne
3rd Cir. · 2010 · confidence medium
However, Zimmerman merely reinforced the longstanding exception to the good faith rule that “paltry” affidavits which “ ‘on their face preclude reasonable reliance’ ” cannot trigger “application of the good faith exception....” Zimmerman, 277 F.3d at 437 -438 (quoting United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988)).
cited Cited as authority (rule) United States v. Yoeung Eng
D. Mass. · 2008 · confidence medium
United States v. Hove, 848 F.2d 137, 139-140 (9th Cir.1988).
discussed Cited as authority (rule) Ex Parte Green (2×)
Ala. · 2008 · confidence medium
In Leon , ‘the Supreme Court held that evidence obtained pursuant to a facially-valid search warrant, later found to be invalid, is admissible if the executing officers acted in good faith and in objectively reasonable reliance on the warrant.’ United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988).
cited Cited as authority (rule) State v. Jenkins
Md. Ct. Spec. App. · 2008 · confidence medium
United States v. Laughton, 409 F.3d 744, 751-52 (6th Cir.2005); United States v. Koerth, 312 F.3d 862, 871 (7th Cir.2002); United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Crews
9th Cir. · 2007 · confidence medium
These facts, combined with Officer McConnell’s statements that his experience has shown him that further evidence of possession of firearms is often found at a suspect’s residence, provide a sufficient link between Crews, Manus, firearms evidence, and Apartment 3 to find that there is a color-able argument for probable cause in this case. “[Wjhile the affidavit supporting the ... search warrant may not have been the model of thoroughness, it cannot be said that the document ‘d[id] not link this location to the defendant.’ ” United States v. Ramos, 923 F.2d 1346, 1354 (9th Cir.1991)…
discussed Cited as authority (rule) United States v. Crews
9th Cir. · 2007 · confidence medium
These facts, combined with Officer McConnell’s statements that his experience has shown him that further evidence of possession of firearms is often found at a suspect’s residence, provide a sufficient link between Crews, Manus, firearms evidence, and Apartment 3 to find that there is a colorable argument for probable cause in this case. “[W]hile the affidavit supporting the . . . search warrant may not have been the model of thoroughness, it cannot be said that the document ‘d[id] not link this location to the defendant.’ ” United States v. Ramos, 923 F.2d 1346, 1354 (9th Cir. 199…
discussed Cited as authority (rule) Cunningham v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
As we noted in Adams, “ ‘[a]n obviously deficient affidavit cannot be cured by an officer’s later testimony on his subjective intentions or knowledge.' " Id. at 748, 635 S.E.2d at 25 (quoting United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988)).
examined Cited as authority (rule) United States v. Thai Tung Luong (6×)
9th Cir. · 2006 · confidence medium
United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988).
examined Cited as authority (rule) United States v. Luong (3×)
9th Cir. · 2006 · confidence medium
United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988).
examined Cited as authority (rule) Adams v. Commonwealth (4×)
Va. Ct. App. · 2006 · confidence medium
We emphasize that, as to the facts supporting probable cause for issuance of a search warrant, see McCary, 228 Va. at 231 , 321 S.E.2d at 644 , “[a]n obviously deficient affidavit cannot be cured by an officer’s later testimony on his subjective intentions or knowledge.” United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988); see also Janis, 22 Va.App. at 655 , 472 S.E.2d at 655 (“To permit the total deficiency of the warrant and affidavit to be remedied by subsequent testimony concerning the subjective knowledge of the officer who sought the warrant would, we believe, unduly erode th…
cited Cited as authority (rule) Kendrick v. Baca
9th Cir. · 2005 · confidence medium
This is not a case in which “the affidavit offers no hint as to why the police wanted to search this residence.” United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988).
discussed Cited as authority (rule) Floyd Ricks v. Commonwealth
Va. Ct. App. · 2005 · confidence medium
The affidavit must, at a minimum, “explain the significance or relevance of searching [the] particular location.” United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988), cited with approval in Janis v. Commonwealth, 22 Va. App. 646, 652 , 472 S.E.2d 649, 652-53 (1996).
cited Cited as authority (rule) United States v. Garcia
9th Cir. · 2004 · confidence medium
This is not a case where “the affidavit offers no hint as to why the police wanted to search this residence.” United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988).
cited Cited as authority (rule) United States v. Ahmad
9th Cir. · 2004 · confidence medium
United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Rodriguez (2×)
9th Cir. · 2004 · confidence medium
United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988); United States v. Leon, 468 U.S. 897 , 104 S.Ct. 3405 , 82 L.Ed.2d 677 (1984). .
discussed Cited as authority (rule) Ball v. State (2×)
Ala. Crim. App. · 2003 · confidence medium
Thus, any official belief in the existence of probable cause must be considered unreasonable." 848 F.2d at 139-40 (emphasis added).
discussed Cited as authority (rule) United States v. Larry L. Koerth A/K/A Lonnie Younger (2×)
7th Cir. · 2002 · confidence medium
See Leon, 468 U.S. at 915 & n. 13, 923 n. 23, 104 S.Ct. 3405 ; United States v. Bynum, 293 F.3d 192, 210-13 (4th Cir.2002) (Michael, J., dissenting); United States v. Wilhelm, 80 F.3d 116, 121-22 (4th Cir.1996); United States v. Baker, 894 F.2d 1144, 1149-50 (10th Cir.1990); United States v. Hove, 848 F.2d 137, 146 (9th Cir.1988).
discussed Cited as authority (rule) United States v. Koerth, Larry L. (2×)
7th Cir. · 2002 · confidence medium
See Leon, 468 U.S. at 915 & n.13, 923 n.23; United States v. Bynum, 293 F.3d 192, 210-13 (4th Cir. 2002) (Michael, J., dissenting); United States v. Wil- helm, 80 F.3d 116, 121-22 (4th Cir. 1996); United States v. Baker, 894 F.2d 1144, 1149-50 (10th Cir. 1990); United States v. Hove, 848 F.2d 137, 140 (9th Cir. 1988).
discussed Cited as authority (rule) United States v. Hermanek
9th Cir. · 2002 · confidence medium
This case is distinguishable from United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988), where we refused to apply the good faith exception because the affidavit failed to link the residence to the defendant and failed to explain why police believed there might be incriminating evidence at the location.
discussed Cited as authority (rule) United States v. Corey Martin
11th Cir. · 2002 · confidence medium
“It is critical to a showing of probable cause that the affidavit state facts sufficient to justify a conclusion that evidence or contraband will probably be found at the premises to be searched.” United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988) (As “the affidavit offer[ed] no hint as to why the police wanted to search [the] residence” and why they believed they would find incriminating evidence there and there was no link between the location and the defendant, any official belief that the warrant established probable cause was unreasonable.).
discussed Cited as authority (rule) United States v. Hermanek
9th Cir. · 2002 · confidence medium
This case is distinguishable from United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988), where we refused to apply the good faith exception because the affidavit failed to link the residence to the defendant and failed to explain why police believed there might be incriminating evidence at the location.
discussed Cited as authority (rule) United States v. Zimmerman
3rd Cir. · 2002 · confidence medium
When a police officer has "not presented a colorable showing [of probable cause], and the warrant and affidavit on their face preclude reasonable reliance, the reasoning of Leon does not apply." United States v. Hove, 848 F.2d 137, 140 (9th Cir. 1988).
discussed Cited as authority (rule) United States v. David Scott Zimmerman (2×)
3rd Cir. · 2002 · confidence medium
When a police officer has "not presented a colorable showing [of probable cause], and the warrant and affidavit on their face preclude reasonable reliance, the reasoning of Leon does not apply." United States v. Hove, 848 F.2d 137, 140 (9th Cir. 1988). 44 It bears mention that Sergeant O'Connor crafted the affidavit to portray Zimmerman in the worst possible light.
discussed Cited as authority (rule) United States v. Allen
6th Cir. · 2000 · confidence medium
The dissent apparently believes that Lomenick’s if an unquestionably honest citizen comes forward with actions amount to “flagrant misconduct” (United States v. a report of criminal activity – which if fabricated would Hove, 848 F.2d 137, 141 (9th Cir. 1988)) and therefore the subject him to criminal liability – we have found rigorous “extreme sanction” (Leon, 468 U.S. at 916, 926 ) of exclusion scrutiny of the basis of knowledge unnecessary. should be imposed.
discussed Cited as authority (rule) United States v. Kenneth Eugene Allen (2×)
6th Cir. · 2000 · confidence medium
The dissent apparently believes that Lomenick’s actions amount to “flagrant misconduct” (United States v. Hove, 848 F.2d 137, 141 (9th Cir.1988)) and therefore the “extreme sanction” (Leon, 468 U.S. at 916, 926 , 104 S.Ct. 3405 ) of exclusion should be imposed.
discussed Cited as authority (rule) People v. Altman (2×)
Colo. · 1998 · confidence medium
One test for a bare bones affidavit is "whether the affidavit was sufficient to `create disagreement among thoughtful and competent judges as to the existence of probable cause.'" United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988) (quoting Leon, 468 U.S. at 926 , 104 S.Ct. 3405 ); see Diamond, 628 A.2d at 1034 ; see also Leftwich, 869 P.2d at 1269 (a bare bones affidavit is "so lacking in probable cause that [the officer] knew, or should have known, that the search was illegal").
discussed Cited as authority (rule) State v. Johnson
Neb. Ct. App. · 1998 · confidence medium
In this regard, we agree with the reasoning expressed in U.S. v. Hove, 848 F.2d 137, 140 (9th Cir. 1988), which states: The affidavit.. . does not offer an explanation of why the police believed they may find incriminating evidence there; the affidavit simply lists the . . . address as a location to be searched.
examined Cited as authority (rule) United States v. Guitterez (3×)
N.D. Cal. · 1998 · confidence medium
See United States v. Pitts, 6 F.3d 1366, 1369 (9th Cir.1993); United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988) (finding search of the defendant’s residence improper where “[t]he affidavit [did] not link this location to the defendant and ... [did] not offer an explanation of- why the police believed they may find incriminating evidence there”).
discussed Cited as authority (rule) United States v. Kenneth Romaine Christenot
9th Cir. · 1997 · confidence medium
This is not a case where "the affidavit offers no hint as to why the police wanted to search this residence." United States v. Hove, 848 F.2d 137, 139-40 (9th Cir.1988) (refusing to apply good faith exception when affidavit failed to link residence to defendant and failed to explain why police believed there may be incriminating evidence at the location). 4 Finally, there is no support for Christenot's assertion that Leon 's good faith exception should not apply because the issuing court "wholly abandoned" its judicial role by acting as a "rubber stamp" for police.
cited Cited as authority (rule) United States v. Lewis Boniface, United States of America v. John Robert Sargent, AKA Robert Goad, United States of America v. Larry Bolain
9th Cir. · 1997 · signal: cf. · confidence medium
See id. at 923 , 104 S.Ct. at 3421 ; cf. United States v. Hove, 848 F.2d 137, 139-40 (9th CIr.1988); Holzman, 871 F.2d at 1511 n. 4.
discussed Cited as authority (rule) Janis v. Commonwealth (2×)
Va. Ct. App. · 1996 · confidence medium
Id. at 140 (emphasis added).
discussed Cited as authority (rule) United States v. Thomas Richardson
6th Cir. · 1995 · confidence medium
E.g., United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988) (holding that "an obviously deficient affidavit cannot be cured by an officer's later testimony on his subjective intentions or knowledge"). 13 We find that Special Agent Monroe's reliance upon the warrant at issue was "objectively reasonable." Leon, 468 U.S. at 920 .
cited Cited as authority (rule) 42 Fed. R. Evid. Serv. 527, 95 Daily Journal D.A.R. 8949 United States of America v. John Jario Gil, United States of America v. Daniel Montoya
9th Cir. · 1995 · confidence medium
United States v. Greany, 929 F.2d 523, 524-25 (9th Cir.1991); United States v. Hove, 848 F.2d 137, 140 (9th Cir.1988).
cited Cited as authority (rule) United States v. Randall Wynn, United States of America v. Abel Oliveras-Perez, United States of America v. Adrian Plasencia-Garcia
9th Cir. · 1995 · confidence medium
United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988). 13 On December 31, 1992, Klamath County police officers executed a search warrant at 79 Lincoln Street in Klamath Falls, Oregon.
discussed Cited as authority (rule) United States v. Daniel James Fowlie
9th Cir. · 1994 · confidence medium
Our inquiry “ ‘is whether the affidavit was sufficient to create disagreement among thoughtful and competent judges as to the existence of probable cause.’ ” United States v. Hove, 848 F.2d 137, 139 (9th Cir.1988) (quoting Leon, 468 U.S. at 923 , 104 S.Ct. at 3420-21 ).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Kimberly Ann HOVE, Defendant-Appellant
87-5013.
Court of Appeals for the Ninth Circuit.
Jun 2, 1988.
848 F.2d 137
1988 U.S. App. LEXIS 7386
1988 WL 54249
Marilyn E. Butler, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant., Alka Sagar, Deputy U.S. Atty., Los An-geles, Cal., for plaintiff-appellee.
Canby, Wiggins, Lovell.
Cited by 132 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Marilyn E. Butler, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Alka Sagar, Deputy U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before CANBY and WIGGINS, Circuit Judges, and LOVELL,* District Judge.

CANBY, Circuit Judge:

Lead Opinion

CANBY, Circuit Judge:

The district court denied Kimberly Hove’s pretrial motion to suppress incriminating evidence seized by the police from one of her residences. Although the evidence was seized pursuant to a facially valid warrant, the affidavit submitted to the magistrate in support of the warrant failed to link Hove to the address of the residence searched. The district court found that the affidavit was deficient, but held that the evidence seized was admissible under United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), because the officers acted in a good faith belief that probable cause existed to justify the search. On appeal, Hove argues that the good faith exception to the exclusionary rule should not save the search in this case because the affidavit was so deficient that official belief in the existence of probable cause would be entirely unreasonable. We agree and reverse the district court’s ruling that Leon’s good faith exception to the exclusionary rule applies to this search.

FACTUAL BACKGROUND

On February 18, 1986, Sergeant Moya, an experienced police officer with the Los Angeles County Sheriff’s Department, responded to a bomb complaint from Mr. Kenneth Hove, Kimberly Hove’s ex-husband. Over the following two weeks, Mr. Hove received two threatening letters in the mail. The letters were composed of words cut out of a magazine and pasted on paper. The envelopes were typed with a typewriter that had some malfunction in its keys. Sgt. Moya conducted his investigation of the case by talking to Mr. Hove, his neighbors, and Kimberly Hove’s sister, Cindy Wilson. The evidence Sgt. Moya collect[*139] ed led him to suspect that Kimberly Hove was sending the letters to Mr. Hove and planting pipe bombs under his car.

Sgt. Moya learned that Ms. Hove and the couple’s only child stayed with several different relatives and that one of their current residences may have been with Hove’s father, Gerald Wilson, at 2727 DeAnza Road in San Diego. Sgt. Moya learned that Hove was staying at this residence by tracing a phone number given to him by Hove and her sister. Sgt. Moya went out to this location and observed toys in the yard and. a car, previously identified as belonging to Ms. Hove, in the parking lot. Although he testified that he recited these facts to his stenographer when preparing his affidavit for a search warrant, the final affidavit did not include this information. Therefore, the final warrant application, while it set forth facts suggesting that Kimberly Hove had sent threatening letters, never linked Kimberly Hove or any suspected criminal activity in any way with the 2727 DeAnza residence. The error went unnoticed by Sgt. Moya, a district attorney who reviewed the affidavit, and the magistrate who issued a search warrant based on the affidavit.

The warrant was executed by Deputy Stevens. A magazine with words cut out of it that matched the threatening letters was found at the DeAnza residence. In its order denying Hove’s motion to suppress, the district court held that, in light of Sgt. Moya’s investigation, probable cause existed to believe that Kimberly Hove resided at the DeAnza location. In addition, the court held that Deputy Stevens executed the warrant with objective good faith that probable cause existed to justify the search.

STANDARD OF REVIEW

We review de novo the issue of whether the "good faith” exception to the exclusionary rule applies to this search. See United States v. Dozier, 826 F.2d 866, 872 (9th Cir.1987). We have jurisdiction to hear this appeal pursuant to 28 U.S.C. § 1291.

DISCUSSION

In this case, it is clear that probable cause to search the DeAnza residence was not established before the magistrate because the affidavit submitted to obtain the warrant did not explain the significance or relevance of searching this particular location. See United States v. Hendricks, 743 F.2d 653, 654-56 (9th Cir.1984), cert. denied, 470 U.S. 1006, 105 S.Ct. 1362, 84 L.Ed.2d 382 (1985). The district court acknowledged the affidavit’s deficiency, but held that the evidence seized need not be suppressed because the officers involved acted in good faith that probable cause existed to search the DeAnza residence. The only question before us on appeal, therefore, is whether Leon’s good faith exception to the exclusionary rule applies to save the search in this case.

In United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), the Supreme Court held that evidence obtained pursuant to a facially-valid search warrant, later found to be invalid, is admissible if the executing officers acted in good faith and in objectively reasonable reliance on the warrant. Id. at 922, 104 S.Ct. at 3420. The Leon Court noted, however, that an officer cannot manifest objective good faith if the warrant he is relying on was supported by an affidavit that is “ ‘so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.’ ” Id. at 923, 104 S.Ct. at 3421 (citations omitted).

We agree with Hove that the affidavit submitted by Sgt. Moya in support of this search warrant was so deficient that any official belief in the existence of probable cause must be considered unreasonable. The test for reasonable reliance is whether the affidavit was sufficient to “create disagreement among thoughtful and competent judges as to the existence of probable cause.” Leon 468 U.S. at 926, 104 S.Ct. at 3422. See also United States v. Tate, 795 F.2d 1487, 1490 (9th Cir.1986). Here, reasonable judges could not disagree over whether probable cause existed to search the DeAnza location because the affidavit offers no hint as to why the police wanted[*140] to search this residence. The affidavit does not link this location to the defendant and it does not offer an explanation of why the police believed they may find incriminating evidence there; the affidavit simply lists the DeAnza address as a location to be searched. It is critical to a showing of probable cause that the affidavit state facts sufficient to justify a conclusion that evidence or contraband will probably be found at the premises to be searched. Hendricks, 743 F.2d at 654. No such facts were stated in this affidavit. Thus, any official belief in the existence of probable cause must be considered unreasonable.

Despite the complete lack of “any indicia of probable cause” in the affidavit, the district court found that the officers acted in objective good faith that probable cause existed to search the DeAnza residence. In so finding, the court apparently relied on facts that Sgt. Moya subjectively knew at the time he completed the affidavit but that were not included in the affidavit or presented to the magistrate. Leon does not extend, however, to allow the consideration of facts known only to an officer and not presented to a magistrate. The Leon test for good faith reliance is clearly an objective one and it is based solely on facts presented to the magistrate. Leon, 468 U.S. at 923, 104 S.Ct. at 3421. An obviously deficient affidavit cannot be cured by an officer’s later testimony on his subjective intentions or knowledge. “[Rjeviewing courts will not defer to a warrant based on an affidavit that does not ‘provide the magistrate with a substantial basis for determining the existence of probable cause.’ ” Leon, 468 U.S. at 915, 104 S.Ct. at 3416 (quoting Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983)).

Leon creates an exception to the exclusionary rule when officers have acted in reasonable reliance on the ruling of a judge or magistrate. The point is that officers who present a colorable showing of probable cause to a judicial officer ought to be able to rely on that officer’s ruling in executing the warrant. Leon, 468 U.S. at 916-17, 104 S.Ct. at 3417-18. When the officers have not presented a colorable showing, and the warrant and affidavit on their face preclude reasonable reliance, the reasoning of Leon does not apply. To permit the total deficiency of the warrant and affidavit to be remedied by subsequent testimony concerning the subjective knowledge of the officer who sought the warrant would, we believe, unduly erode the protections of the fourth amendment.

The district court accordingly erred in failing to suppress the evidence obtained in the search of the DeAnza property. The conviction is reversed and the cause remanded for retrial, if there is to be one.

REVERSED AND REMANDED.

Dissent

LOVELL, District Judge,

dissenting:

I respectfully dissent.

The majority found that the good faith exception to the exclusionary rule as set out in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), does not apply in this case because the error was not that of the judicial officer issuing the warrant, but rather was that of the officer applying for the warrant.

The Ninth Circuit has acknowledged that the Supreme Court in Massachusetts v. Shepherd, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984), did not limit the circumstances in which an executing officer’s reliance was reasonable “to a situation in which the judge is the source of the warrant’s deficiency.” U.S. v. Michaelian, 803 F.2d 1042, 1047 (9th Cir.1986).

The Ninth Circuit has also acknowledged that

Leon does not preclude applicability of the ‘good faith’ exception in all situations where an officer’s affidavit falls short of satisfying probable cause_ In the absence of abandonment of the detached and neutral magisterial role, suppression is proper only where the officers were dishonest or reckless in preparing their affidavit, or could not have harbored an objectively reasonable belief in the existence of probable cause due to a facial[*141] deficiency in the warrant. See Leon, 468 U.S. at 926, 104 S.Ct. at 3423.

Id.

Although the affidavit was deficient in •that it did not specifically connect the De-Anza address to Ms. Hove, I find that it was not so deficient that official belief in the existence of probable cause was unreasonable. In his five page affidavit, Sergeant Moya set out a summary of his two week investigation indicating that Ms. Hove may have been residing in San Diego. On the page listing the DeAnza address as a location to be searched, the affidavit also listed two automobiles which would be searched at that location, a white Toyota pickup truck and a brown Ford station wagon. The affidavit linked both of these automobiles to the bombing incident. The brown station wagon was specifically linked to Ms. Hove, and the white pickup was linked to her father. It is not unreasonable that an executing officer would rely, in good faith, on this warrant and affidavit and conclude that the DeAnza residence was one in which Ms. Hove was residing.

The majority ignores the fact that Detective Stevens, the executing officer, accompanied Sergeant Moya when he investigated the residence at the DeAnza address and observed toys and the brown Ford station wagon which would connect the residence to Ms. Hove. There is no question that the officer executed the warrant in complete good faith.

Leon set out parameters for use of the exclusionary rule which would be consistent with its intent, to deter and punish illegal police conduct. Sergeant Moya's misconduct was that he failed to catch the stenographer's error in transcribing that portion of the affidavit specifically linking the DeAnza address to Ms. Hove. This is not the type of flagrant misconduct meant to be deterred under the exclusionary rule. The district court was correct in denying Ms. Hove's motion to suppress. I would affirm that determination.