Category Archives: Independent source

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

Posted in Independent source | Comments Off

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

Posted in Independent source, Reasonableness | Comments Off

W.D.Mo.: Motel room was illegally entered, but it was to preserve the scene not search it, so independent source applied to SW

“In this case, the evidence shows that the officers illegally entered the motel room. However, they only secured the room and did not conduct a search until they had a search warrant. The undisputed evidence shows that the warrant was … Continue reading

Posted in Independent source | Comments Off

CA4: Even if consent invalid, PC for SW came from independent sources

“[T]he district court did not err in denying Hernandez’s motion to suppress the evidence obtained from the Samsung T199 phone because the search pursuant to the warrant was ‘genuinely independent’ of the initial search. Murray, 487 U.S. at 542.” United … Continue reading

Posted in Collective knowledge, Independent source | Comments Off

IN: Officer safety concerns not shown for search of juvenile’s back pack for asking to borrow cell phone

The juvenile in this case was in a Kroger parking lot late one Sunday morning asking to use cell phones. The police were called, and he was found with two backpacks and the police suspected he was a runaway. A … Continue reading

Posted in Independent source, Protective sweep, Reasonable suspicion | Comments Off

N.D.Cal.: Defs can’t show taint from alleged illegal bugs and all that was acquired afterward in this wide-ranging investigation

There were stationary bugs that recorded conversations, and the government has declined to use them at trial after much litigation. Still, there is “a heap of incriminating evidence” derived from all kinds of sources, and the court won’t suppress all … Continue reading

Posted in Independent source | Comments Off

CA9: Def’s possession of ammo was independent basis to issue SW

Police were called to defendant’s home in a domestic call that he was holding his wife and her child against their will. They entered and handcuffed him. A patdown of his person produced ammunition. Officers looked in a stack of … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

CO: Prior illegal third party consent search of GPS in car unbeknownst to def wasn’t law of the case barring subsequent SW on independent evidence

Defendant was arrested for a sex offense, and, while in jail, his landlord kicked him out and his car was towed away and impounded by the police. The police used the towing company’s consent to search the GPS in his … Continue reading

Posted in GPS / Tracking Data, Independent source | Comments Off

N.D.Ga.: Prior illegal search of cell phone was moot by SW based on prior acquired info

Even though the government conducted an illegal warrantless search of defendant’s cell phone, they later obtained a search warrant based on previously acquired information, so the independent source doctrine applies. United States v. Keel, 2017 U.S. Dist. LEXIS 58895 (N.D. … Continue reading

Posted in Independent source, Search | Comments Off

W.D.Ark.: Govt had independent source for cracking password on Android phone by software so def’s suppressed confession doesn’t suppress phone

While defendant’s confession was suppressed, his passwords to his phone were not because it was an Android phone, and the government could get in to an Android phone with its software. Thus, there was an independent source. United States v. … Continue reading

Posted in Cell phones, Independent source | Comments Off