Category Archives: Independent source

CA8: The independent source rule doesn’t apply to a civil rights conviction for false arrest

Defendant was properly convicted of false arrest as a deprivation of civil rights. He argued the attenuation doctrine that there was an independent source of information. There wasn’t, and the independent source doctrine is for the exclusionary rule not a … Continue reading

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VI: Evidence suppressed in another case couldn’t be used here as 404(b) evidence

Evidence suppressed in another case against defendant for a Fourth Amendment violation not admissible in this case as 404(b) evidence. People v. Walters, 2017 V.I. LEXIS 165 (Dec. 4, 2017). Defendant argued his arrest was unlawful but not that his … Continue reading

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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

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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

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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

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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

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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

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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

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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

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