Category Archives: Independent source

S.D.N.Y.: Parolee’s curfew violation justified parole search

A stop and search of a parolee for a curfew violation was reasonable. United States v. Joseph, 2021 U.S. Dist. LEXIS 32456 (S.D. N.Y. Feb. 22, 2021). Officers entered with an arrest warrant and later followed up with a search … Continue reading

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CO: Cell phone SW’s lack of particularity here not cured by second warrant; independent source state’s burden and not proved

The state obtained a search warrant for defendant’s cell phone which they later conceded lacked particularity. They sought a second warrant to attempt to cure, but they failed to put on proof at the hearing that the independent source rule … Continue reading

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CA8: “where one draws the line between” independent source and inevitable discovery doctrines “is unimportant”

“Although the distinction between the independent-source and inevitable-discovery doctrines is not sharp …, where exactly one draws the line between the two doctrines is unimportant.” United States v. Baez, 2020 U.S. App. LEXIS 40551 (8th Cir. Dec. 29, 2020):

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M.D.Pa.: Traffic stop may be highly technical, but it still has a factual and legal basis

“Although many reasonable people may agree that the stop at issue here was a highly technical, ‘ticky-tacky’ sort of traffic stop, there is no doubt that Florida law requires a driver to stop at a clearly marked stop line before … Continue reading

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MA: Obtaining CSLI by SW in 2014 was independent source against 2010 obtaining by request (and Carpenter was 2018)

The state obtained defendant’s CSLI without a showing of probable cause in 2010. In 2014, they sought it again with a search warrant. Carpenter came in 2018. The independent source doctrine applied in the 2014 search, and defense counsel wasn’t … Continue reading

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N.D.Ga.: Reissuance of a better SW to Google after a motion to suppress wasn’t unreasonable

As to one challenged search of Google, when the government says it won’t use challenged evidence at trial, the motion to suppress becomes moot. A motion to suppress another search warrant to Google led to reissuance of a search warrant … Continue reading

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GA: Even if GPS tracker was unconstitutionally placed, it didn’t affect later SW for vehicle

Defendant first claimed the vehicle was his when the officer asked, and he consented to a search of it. After a few loose rounds of ammunition were found, he disavowed ownership. It turned out there was also a tracking device … Continue reading

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E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it

Officers conducted a drug investigation into defendant’s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be … Continue reading

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CA9: 4A standing isn’t jurisdictional, so it doesn’t have to be decided

Standing for Fourth Amendment purposes is not jurisdictional, so the court can consider the merits instead. United States v. Spadafore, 2020 U.S. App. LEXIS 2922 (9th Cir. Jan. 28, 2020). The legality of the search warrant for defendant’s car is … Continue reading

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CO: After first SW for cell phone was suppressed for Franks violation, second was valid with independent source

Defendant was subjected to two search warrants for his cell phones in possession of the police. A motion to suppress the first search was granted because the officer recklessly included false information that deprived it of probable cause. The police … Continue reading

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CA9: Info of illegal search was put into second SW affidavit and independent PC was shown

In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence … Continue reading

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NJ: While first DNA sample violated 4A, second was based on independent source and was valid

The first DNA sample taken from defendant violated the Fourth Amendment. The state, however, got a do over and it used untainted information to get a second which was valid based on independent source. State v. Camey, 2019 N.J. LEXIS … Continue reading

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ID: State didn’t preserve independent source issue below so it can’t argue it on appeal

A motion to suppress cell phone contents was granted, and the state appealed. At trial, it cited a case without stating the holding that was an independent source case, and that’s not enough. In addition, the state didn’t litigate independent … Continue reading

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PA: ID made as a result of warrantless search suppressed, but that which was seen before may be testified to

An officer’s identification made wholly as a result of a warrantless search renders that identification tainted and inadmissible. If, however, eyewitness identification of a defendant occurred prior to illegal conduct by law enforcement may be admissible, if based on observations … Continue reading

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CA7: Govt illegally entered def’s house but they had plenty of PC and were going to get a warrant; thus, independent source saves the illegal search

“All agree: the DEA entry team entered Huskisson’s house unlawfully. We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home. Ordinarily, the evidence found here would be excluded. … Continue reading

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CA7: Def’s texting photos of a firearm to others that police saw was an independent source for the search

Defendant had texted a copy of a photograph of his AK-47 on his cell phone to another, and the police saw it. That gave cause and an independent source to search the phone for it. “We agree with the district … Continue reading

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