Category Archives: Independent source

CA6: District Court cannot order search of juror’s cell phone to investigate alleged juror misconduct

In a hearing on alleged juror misconduct, the district court cannot order the juror’s cell phone to be searched for evidence of what happened. In re Sittenfeld, 2022 U.S. App. LEXIS 26700 (6th Cir. Sep. 23, 2022). Plaintiff’s complaint against … Continue reading

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D.N.J.: Holding a vehicle 4 days before searching it was not unreasonable

“While law enforcement held the Durango for four days after the seizure before searching it pursuant to a warrant, this delay did not render the continuing seizure of the Durango unreasonable. See Donahue, 764 F.3d at 300-01 (collecting cases and … Continue reading

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D.Minn.: No 4A claim for seizure of legal papers in prison

There is no Fourth Amendment claim for seizure of legal papers when an inmate was moving within a prison. Smith v. Starr, 2022 U.S. Dist. LEXIS 139361 (D. Minn. Aug. 5, 2022). “Following the arrest, however, the agents lawfully knew … Continue reading

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CA8: Independent source justified search despite illegal protective sweep

“Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … Continue reading

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D.Me.: Dropbox CP search reported to NCMEC wasn’t exceeded by police

Dropbox reported child pornography to NCMEC, and its search did not exceed Dropbox’s private search. United States v. Orne, 2022 U.S. Dist. LEXIS 100146 (D.Me. June 6, 2022).* The wiretap application is based on overwhelming probable cause. United States v. … Continue reading

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CA2: Video surveillance in Thailand legal under Thai law admissible here

The DEA with Thai officers installed a camera and listening device in a dwelling in Phuket, Thailand. Defendant was a short-time guest there and he was recorded. Apparently the installation and monitoring was legal under Thai law. The capture of … Continue reading

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E.D.La.: Photographs taken before SW issued or the SW are not suppressed, they had nothing to do with getting the SW

Metadata in photographs of defendant’s property show that they were taken before the search warrant was issued. The search warrant was going to issue anyway, and nothing relied upon the photographs. Denied. United States v. Jefferson, 2022 U.S. Dist. LEXIS … Continue reading

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WI: After suppression of blood BAC test in hospital, SDT for hospital’s own test reasonable and independent

“After crashing his car, Daniel Van Linn was taken to the hospital, where two blood tests were performed: the first one by the hospital for diagnostic and treatment purposes; a later one at the direction of a sheriff’s deputy for … Continue reading

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CA2: Swearing to arrest warrant at direction of a prosecutor does not confer prosecutorial immunity

“Long-standing precedent makes clear that swearing to an arrest warrant affidavit and executing an arrest are traditional police functions, and performing such functions at the direction of a prosecutor does not transform them into prosecutorial acts protected by absolute immunity.” … Continue reading

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CA9: Fed SW for state SW product was with PC and cured alleged deficiencies in state affidavit

The state obtained phone records by search warrant which defendant claimed was without probable cause. The federal government also got a search warrant for the same records from the state, and it showed probable cause. That was via independent source. … Continue reading

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D.Nev.: SW clearly did not authorize downloading of iPhone and iPad at the place of search; no good faith exception

The officer thought the warrant authorized downloading on the premises, but it obviously did not. This is gross negligence, and the good faith exception does not apply. Defendant wasn’t in custody and was not entitled to a Miranda warning when … Continue reading

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AL adopts new crime exception to exclusionary rule

When being arrested, defendant pulled away from officers in his room and dove for his bed and reached under a pillow. Officers thought he was going for a gun, and a melee ensued. He was charged with assault and resisting … Continue reading

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NY4: State fails to prove independent source for search after unlawful arrest

The search of defendant’s car was the product of an illegal arrest, and the state fails to prove the independent source doctrine applies. Here, it was argued to be a parole search. People v. Smith, 2022 NY Slip Op 00790, … Continue reading

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D.Mass.: SW for premises included def’s separate locked bedroom

The search warrant for the premises also permitted a search of defendant’s locked separate bedroom only accessible from the common area. United States v. Cecchetelli, 2021 U.S. Dist. LEXIS 224649 (D.Mass. Nov. 22, 2021). A host of things added up … Continue reading

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DC: PC from the fair inference def had more than the “permissible amount” of MJ

“From all the foregoing, Officer Lojacono could reasonably believe that there was a fair probability that the amount of marijuana he saw in the car exceeded the legally permissible amount” of two ounces. Thus, the automobile exception applied. Harris v. … Continue reading

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CT: SW for blood was independent source from extension of stop

The search warrant for defendant’s blood is a valid independent source from the alleged extension of the stop. State v. Fields, 2021 Conn. App. LEXIS 341 (Sept. 28, 2021).* The circumstances of this stop and arrest are objectively reasonable, so … Continue reading

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N.D.Cal.: Subpoena for phone records not shown to be from independent source

Defendant’s motion in limine against AT&T records is granted. The government failed to show an independent source that it knew of information sought before an illegal search. “The government did not shown that the decision to subpoena the records was … Continue reading

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S.D.Ohio: SW issuing judge has judicial immunity

You can’t sue a judge for issuing a warrant where there’s no allegation that the judge abandoned the judicial role [harkening to good faith exception too]. Kolle v. Kyle, 2021 U.S. Dist. LEXIS 148629 (S.D.Ohio Aug. 9, 2021). The smell … Continue reading

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S.D.Ind. & E.D.La.: New crime during arrest not suppressed

Even crediting defendant’s version of events, the exclusionary rule would not be applied to the video of defendant’s violent resistance during his arrest. United States v. Hill, 2021 U.S. Dist. LEXIS 111803 (S.D. Ind. June 14, 2021). Defendant’s new crime … Continue reading

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CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

Defendants argued that an administrative search was a pretext for a criminal search. A later search warrant was based on independent information from state wiretaps. “Here, assuming arguendo that the administrative search was improper, suppression of the evidence obtained from … Continue reading

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