Category Archives: Independent source

CA6: No REP in “Walmart pay app” purchases; it’s a third-party record

Defendant had no reasonable expectation of privacy in his “Walmart pay app” purchases from a third party subpoena of things he used in a bank robbery shortly thereafter. “Therefore, the third-party doctrine still applies to business records that might reveal … Continue reading

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NY4: No standing in search of a common basement storage area “not associated with his apartment”

Defendant showed no standing to contest a search of a common basement storage area, “not associated with his apartment.” People v. Ocasio, 2023 NY Slip Op 06623, 2023 N.Y. App. Div. LEXIS 6727 (4th Dept. Dec. 22, 2023). Even if … Continue reading

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D.Haw.: State officers allegedly violating state law in warrant process or execution irrelevant under 4A

The fact state officers might have violated state law in executing the warrant wasn’t material to the Fourth Amendment reasonableness requirement. United States v. Miske, 2023 U.S. Dist. LEXIS 203981 (D. Haw. Nov. 14, 2023).* There was reasonable suspicion or … Continue reading

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E.D.N.C.: Even if search preceded arrival of SW, independent source applied

Even if the search preceded the warrant being issued, the decision was already made and the independent source doctrine validates the search. United States v. Ellis, 2023 U.S. Dist. LEXIS 202209 (E.D.N.C. Oct. 20, 2023), adopted, 2023 U.S. Dist. LEXIS … Continue reading

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E.D.Wis: Faced with motion to suppress DNA evidence, govt can seek it again

The government obtained DNA and defendant moved to suppress. Then the government sought DNA by warrant again with a new warrant. It is permitted to do so. United States v. Watson, 2023 U.S. Dist. LEXIS 185148 (E.D. Wis. Oct. 16, … Continue reading

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D.R.I.: Protective sweep unjustified; no reason to believe anyone else was there

Defendant’s premises had been under surveillance for days before the entry and protective sweep. There was no justification for the protective sweep because there was no reason to believe anyone else was there. United States v. Dacruz, 2023 U.S. Dist. … Continue reading

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GA: 2022 SW for cell phone illegally searched in 2020 had no independent basis; no GFE

The trial court did not err by granting the motion to suppress evidence seized as a result of the search of his cell phone because the State’s original warrantless search in 2020 was improper and the State did not remedy … Continue reading

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CA4: Def gets remand of unexplained warrantless search condition on supervised release

The condition of supervised release that defendant submit to warrantless searches wasn’t explained to him or justified. Remanded. United States v. Davila, 2023 U.S. App. LEXIS 12714 (4th Cir. May 23, 2023). Plaintiff’s driving, observed by an officer and caught … Continue reading

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CA2: Protective sweep while SW being obtained saved by independent source doctrine

Officers conducted a protective sweep while a search warrant was in the process of being obtained, so the independent source rule applies. United States v. Schleede, 2023 U.S. App. LEXIS 11803 (2d Cir. May 15, 2023). Plaintiff didn’t state a … Continue reading

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CA4: CI’s 911 call showing stress of a startling event was reliable

A CI’s 911 call “‘under the stress of excitement caused by a startling event’ (making the call less likely to be preplanned),” was reliable enough for reasonable suspicion. Torres v. Ball, 2023 U.S. App. LEXIS 9076 (4th Cir. Apr. 17, … Continue reading

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CA10: Overlong stop didn’t cause independent search incident

Defendant was subjected to a search incident for false identification. His overlong stop otherwise didn’t cause that. United States v. Anderson, 2023 U.S. App. LEXIS 5997 (10th Cir. Mar. 14, 2023).* “Teixeira struggles to throw shade on the reliability of … Continue reading

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D.Minn.: Placing GPS on vehicle 2.5 hours before SW issued didn’t require suppression

“This Court concludes that the supporting affidavit for the GPS tracking warrant establishes probable cause.” “Here, it is undisputed that when the GPS tracking device was placed on the gold Chevy Tahoe at approximately 5:00 p.m. on March 3, 2022, … Continue reading

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CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Emergency / exigency, Independent source, Rule 41(g) / Return of property | Comments Off on CA3: Delaware “hit and hold” practice for entries not decided because of consent

CA9: Even conceding potential 4A violations, there was independent source for SW

Even assuming multiple Fourth Amendment violations, the exclusionary rule would not be applied because the police had an independent source in a search warrant that did not depend on the illegal entry. An anticipatory warrant was contemplated but never sought. … Continue reading

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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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