Category Archives: Independent source

S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

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CA11: Ten officers for a “knock and talk” violated Jardines, but it wasn’t the cause of the search of the house

Ten officers approaching defendant’s house for a “knock-and-talk” violated Jardines, but that doesn’t matter because it didn’t lead to the discovery of evidence. Defendant didn’t see them, and he opened the door in response to the knock. Then the officer … Continue reading

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WA: Second SW for records already produced was independent source; exclusionary rule won’t be applied

Verizon produced phone records under a court order, that later was determined to be invalid. A second order was issued for the same records. Verizon didn’t produce those records the second time because the first had been produced and they … Continue reading

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CA3: SW issued after alleged illegal entry was based on independent source and valid

“[W]hen police search a home pursuant to a warrant obtained after a warrantless search, evidence obtained pursuant to the warrant need not be suppressed so long as: (1) a neutral magistrate would still have issued the warrant ‘even if not … Continue reading

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LA1: Look in mailbox to confirm def’s address was after they’d confirmed his apartment; not unreasonable

In the course of a homicide investigation, the victim was shown to have last talked to defendant on his cell phone just before his murder. That led to getting his picture to show to a witness who ID’d him as … Continue reading

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D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off on D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

Defendant spent two weeks living in the apartment of another. “A king or a criminal may assert a violation of the Fourth Amendment.” He had a bedroom to himself. “The district court erred in finding that Allen did not have … Continue reading

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CA9: Officer’s peek into backpack seeing cocaine before getting SW didn’t taint the search; plenty of PC before the peek

Officer’s peek into backpack seeing cocaine before getting a search warrant for it didn’t taint the search. There was plenty of probable cause before the peek. “The agents disclosed in the warrant affidavit that they had looked inside the backpack … Continue reading

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CA8: The independent source rule doesn’t apply to a civil rights conviction for false arrest

Defendant was properly convicted of false arrest as a deprivation of civil rights. He argued the attenuation doctrine that there was an independent source of information. There wasn’t, and the independent source doctrine is for the exclusionary rule not a … Continue reading

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VI: Evidence suppressed in another case couldn’t be used here as 404(b) evidence

Evidence suppressed in another case against defendant for a Fourth Amendment violation not admissible in this case as 404(b) evidence. People v. Walters, 2017 V.I. LEXIS 165 (Dec. 4, 2017). Defendant argued his arrest was unlawful but not that his … Continue reading

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LA1: State cured error of SDT for medical records with SW showing independent source

Defendant was charged with rape of a minor and whether he transmitted chlamydia to the alleged victim was a fact issue in dispute. The state obtained the records by subpoena finding that he had been a carrier since 2010, but … Continue reading

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N.D.Ind.: Following Strieff, no matter the justification for def’s arrest, three FTA warrants justified search incident

Defendant was suspected of attempting a burglary by removing a screen when he fled. He refused to stop and officers finally caught up with him. Instead of submitted, he reached for his pants, and a frisk produced a gun. It … Continue reading

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