Category Archives: Independent source

E.D.Va.: Manafort storage building search sustained: Employee with free access had apparent authority to consent to entry

The FBI reasonably relied on a person with apparent authority to consent to an entry into a storage locker to look around. The consenter had free access to the storage room as an employee, and the employer-employee relationship can permit … Continue reading

Posted in Apparent authority, Independent source | Comments Off on E.D.Va.: Manafort storage building search sustained: Employee with free access had apparent authority to consent to entry

LA5: Knock-and-talk cannot be used to create exigency

Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading

Posted in Emergency / exigency, Independent source, Knock and talk | Comments Off on LA5: Knock-and-talk cannot be used to create exigency

CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

Assuming, without deciding, the warrantless entry into defendant’s home was invalid, there still was probable cause for issuance of the search warrant based on the remainder of the affidavit, excising the product of the prior entry. Inclusion of information from … Continue reading

Posted in GPS / Tracking Data, Independent source | Comments Off on CA9: Prior illegal entry into home doesn’t void subsequent SW if observations removed from SW affidavit

GA: Def’s cell phone was seized and downloaded w/o a warrant, but the download wasn’t searched until a SW was obtained; search valid under independent source

Defendant’s cell phone was seized and downloaded, but the download wasn’t searched without a search warrant. The court doesn’t even have to decide whether exigent circumstances permitted the download because the police had seized it lawfully and they have plenty … Continue reading

Posted in Cell phones, Independent source | Comments Off on GA: Def’s cell phone was seized and downloaded w/o a warrant, but the download wasn’t searched until a SW was obtained; search valid under independent source

CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

“When an application for a search warrant includes both tainted and untainted evidence, ‘the warrant may be upheld if the untainted evidence, standing alone, establishes probable cause.’” Excising the challenged information here still yields probable cause on the totality. United … Continue reading

Posted in § 1983 / Bivens, Independent source, Probable cause | Comments Off on CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is … Continue reading

Posted in Independent source, Seizure, Warrant execution | Comments Off on CA9: Unreasonable detention of those present when SW executed not shown

OK: Even if protective sweep was pretextual, the case parallels McArthur and there was PC for warrant without it

The trial court held that the protective sweep here was pretextual and suppressed. The court of criminal appeals held that this case was strikingly similar to Illinois v. McArthur. There was valid third party consent to the entry. The information … Continue reading

Posted in Consent, Independent source | Comments Off on OK: Even if protective sweep was pretextual, the case parallels McArthur and there was PC for warrant without it

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

Posted in Cell site location information, Independent source, Standing | Comments Off on S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

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

Posted in Curtilage, Independent source, Knock and talk | Comments Off on CA11: Ten officers for a “knock and talk” violated Jardines, but it wasn’t the cause of the search of the house

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

Posted in Exclusionary rule, Independent source | Comments Off on WA: Second SW for records already produced was independent source; exclusionary rule won’t be applied

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

Posted in Independent source, Reasonable suspicion | Comments Off on CA3: SW issued after alleged illegal entry was based on independent source and valid

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

Posted in Independent source, Prison and jail searches | Comments Off on LA1: Look in mailbox to confirm def’s address was after they’d confirmed his apartment; not unreasonable