Category Archives: Independent source

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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CA4: Entry into house while waiting for SW to be procured doesn’t require suppression

Police entered defendant’s house to secure it after sending one officer to get a search warrant. The entry didn’t require suppression of evidence because there was an independent source for the information in the search warrant application. United States v. … Continue reading

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N.D.Ill.: Officer’s embellishments of drugs involved told to others didn’t undermine the real PC that existed to stop def

Defendant’s conversations were picked up on a wiretap and concerned his marijuana dealing and being a felon in possession of a firearm. Despite officer embellishments in other types of drugs defendant was involved in shared with other officers (heroin, etc.), … Continue reading

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CA11: When information in a SW affidavit comes from an illegal source, it is purged; here, PC remains

Excising that which was allegedly illegally obtained from the affidavit for this search warrant, probable cause still remains. United States v. Fleur, 2019 U.S. App. LEXIS 4899 (11th Cir. Feb. 20, 2019). There was no independent probable cause for the … Continue reading

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D.Neb.: Initial entry into hotel room was unlawful, but affidavit for SW showed PC before that happened, and SW not suppressed

Even though the officer’s entry into the hotel room was unlawful, the officer had probable cause before that. So, even ignoring the observations in the room, the warrant will not be suppressed. United States v. Sandoval, 2018 U.S. Dist. LEXIS … Continue reading

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D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

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MN: Independent source doctrine obviated need to decide private search

Defendant appeals his sexual assault conviction. His victim came to his house to bum a cigarette, and she stayed to drink with defendant and his girlfriend. She fell asleep and awoke in the morning, fully clothed, with defendant’s girlfriend yelling … Continue reading

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