Category Archives: Exclusionary rule

D.Ariz.: SW for text messages prior to date of offense suppressed, after date were proper

The issuing magistrate properly issued a search warrant for text messages on defendant’s cell phone for a particular date and thereafter by inference. Prior to that particular date is suppressed for lack of probable cause. United States v. Bowen, 2019 … Continue reading

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AZ: Choice of law, exclusionary rule, and GFE

“¶1 Don Jacob Havatone appeals from his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor (‘DUI’), one count of aggravated assault, one count of endangerment, and four counts of misdemeanor assault. Because a … Continue reading

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M.D.Ala.: “Motions to suppress evidence are appropriate in civil forfeiture proceedings …”

“Motions to suppress evidence are appropriate in civil forfeiture proceedings because the seizure and subsequent civil forfeiture of assets implicates the Fourth Amendment. Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702 (1965) (holding that the Fourth Amendment is applicable to … Continue reading

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KS: DMV can apply exclusionary rule to DL suspensions from bad stop

Petitioner’s stop was without reasonable suspicion, and the DMV can apply the exclusionary rule in the administrative proceeding. Jarvis v. Kansas Dep’t of Revenue, 2019 Kan. App. LEXIS 27 (May 10, 2019). “Regardless of whether defendant made a valid waiver … Continue reading

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LA: Failure to show PC for medical records required suppression

“The district court erred in denying defendant’s motion to suppress despite finding that the officers failed to articulate probable cause in their search warrant application to subpoena defendant’s medical records. A search warrant application must contain within its four corners … Continue reading

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WA: Reversal for unreasonable search of cell phone was required, not dismissal

The court of appeals erred in dismissing defendant’s case rather than reversing for a new trial after cell phone evidence was suppressed. There was other untainted evidence the state could use to try to convict on a retrial. State v. … Continue reading

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Collins v. Virginia on remand: GFE saves the search

Collins v. Virginia on remand: The good faith exception applies to sustain the search because no reasonably well trained officer would have known that automobile exception would apply on the curtilage in the garage. Collins v. Commonwealth, 2019 Va. LEXIS … Continue reading

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WI: Exclusionary rule applies to forfeiture actions; remanded for determination of GFE

The exclusionary rule applies to forfeiture actions under 1958 Plymouth Sedan; however, the state gets to argue and develop a record on remand that the good faith exception applies. State v. Scott, 2019 Wisc. App. LEXIS 191 (Apr. 4, 2019). … Continue reading

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CA10: 404(b) evidence is subject to 4A exclusion, but harmless error applies

404(b) evidence obtained in violation of the Fourth Amendment is subject to suppression. United States v. Hill, 60 F.3d 672, 677 (10th Cir. 1995). Here, however, it was harmless beyond a reasonable doubt. United States v. Dalton, 2019 U.S. App. … Continue reading

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CA9: Exclusionary rule applies to tribal officers

The exclusionary rule applies to tribal officers conducting illegal searches or searches off their tribal lands under the Indian Civil Rights Act or the Fourth Amendment. United States v. Cooley, 2019 U.S. App. LEXIS 8344 (9th Cir. Mar. 21, 2019). … Continue reading

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MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide

There was objective probable cause for a warrantless search of defendant’s hands for potential DNA in a murder case because it was easily destructible. There was also sufficient probable cause for a search warrant for his apartment for further evidence … Continue reading

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CA2: Even if SW was unlawful, def’s statement was attenuated

Even if the search warrant was unlawful for failure to specify the apartment to be searched, defendant’s statement was an intervening independent act of free will in disclosing the location of a CD of child pornography. The exclusionary rule would … Continue reading

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