Category Archives: Independent source

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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CA6: Dist.Ct.’s findings don’t support inevitable discovery, so court applies independent source instead

The district court’s analysis doesn’t support application of the inevitable discovery exception because the court didn’t make sufficient findings on the second part of the test. Instead, the record fully supports the independent source doctrine instead. United States v. Chapman-Sexton, … Continue reading

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FL2: State failed to show search of house was within limited scope of def’s consent

Police received a shots fired call involving a duplex. When defendant opened his door, they could see a shell casing and smelled gunpowder from a fired gun. A protective sweep occurred finding nothing. The exigency was over. Defendant gave a … Continue reading

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M.D.Fla.: Def was given guest standing to challenge a knock-and-talk that both sides agree was unreasonable

The knock-and-talk turned into a full scale raid, and the parties agree it was unreasonable. The R&R is rejected that defendant didn’t have standing. “The Court finds that defendant has standing to challenge the police conduct in and near the … Continue reading

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D.Minn.: Second SW cured defects in first

First search warrant probably violated the Fourth Amendment, but another was sought that omitted everything about the first search warrant, including what was found. The second was valid, and the good faith exception applied. United States v. Eggerson, 2018 U.S. … Continue reading

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M.D.Fla.: Asking that lawyer look at SW isn’t refusal to consent under Randolph

Asking that a lawyer get to look at a search warrant with an electronic signature for validity is not a refusal to consent under Georgia v. Randolph. United States v. Sanchez, 2018 U.S. Dist. LEXIS 187115 (M.D. Fla. Nov. 1, … Continue reading

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N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

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