In the instant case, it appears that the district court made precisely this assumption in its statement that it "need not and does not decide whether the search warrant was actually supported by probable cause." United States v. Garey, No. IP 01-108-CR-1 H/F at 12, 2002 WL 826408 at *6 (S.D.Ind. Apr. 11, 2002) (entry on defendant's motion to suppress) (citing United States v. Fairchild, 940 F.2d 261, 264 (7th Cir. 1991) (assuming without deciding that affidavit failed to establish probable cause, but holding that good-faith exception applied)). Deferring to the district court's election to confine its analysis to the issue of the good-faith exception to the exclusionary rule, cf. United States v. Arch, 7 F.3d 1300, 1302 (7th Cir. 1993), we review its application thereof for clear error, see United States v. Spry, 190 F.3d 829, 834 (7th Cir. 1999) (citation omitted).
In similar situations, courts have held that ". . . a court may consider a duplicate . . . , even one that contains later-added material, when determining whether a search warrant lawfully issued." United States v. Lazar, 604 F.3d 230, 235 n.3 (6th Cir. 2010); see also United States v. Gibbs, 421 F.3d 352, 358-59 (5th Cir. 2005); United States v. Lambert, 887 F.2d 1568, 1571-72 (11th Cir. 1989); United States v. Garey, No. IP 01-108-CR-1, 2002 WL 826408, at *4 (S.D. Ind. Apr. 11, 2002), aff'd, 329 F.3d 573 (7th Cir. 2003). Taking into account Sergeant Freeman's sworn testimony, the full affidavit retrieved from Sergeant Freeman's computer, the pagination of the court file, and common sense, the Court agrees with Judge Noel that it was reasonable, under Leon, for an officer to rely on the search warrant.
The absence of an affidavit to support an executed search warrant does not invalidate it when "other evidence [can] be presented to establish the fact that an affidavit was presented, as well as its contents." United States v. Lambert, 887 F.2d 1568, 1571-72 (11th Cir. 1989); United States v. Gibbs, 421 F.3d 352 (5th Cir. 2005); United States v. Garey, 2002 WL 826408 (S.D. Ind. April 11, 2002), aff'd, 329 F.3d 573 (7th Cir. 2003). See also United States v. Posey, 501 F.2d 998 (6th Cir. 1974).