Category Archives: Independent source

D.N.J.: “including but not limited to” in SW was not overbroad; it had to be read in context

A search warrant with a particularity clause of “including but not limited to” was not overbroad and had to be read in context of the preceding language. United States v. Schaffer, 2017 U.S. Dist. LEXIS 26257 (D.N.J. Feb. 24, 2017).* … Continue reading

Posted in Consent, Independent source, Particularity | Comments Off

S.D.Ohio: Officers had good reason to know CP on flash drive before looking; SW was based on independent source

Defendant’s house was broken into by neighbors, and they stole things, including a flash drive which defendant had admitted to them in the past had child pornography on it. The police got the flash drive from the neighbor and looked … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

CADC: Bomb squad’s search hours later was not exigent and no QI

A top to bottom search of plaintiff’s home by the D.C. bomb squad hours into a “situation” at his home (actually based on a mistake) wasn’t remotely justified by exigent circumstances. Moreover, qualified immunity doesn’t apply (2-1 on this issue) … Continue reading

Posted in Emergency / exigency, Franks doctrine, Independent source | Comments Off

N.D.Ill.: Mere possibility of destruction of evidence in a house under surveillance isn’t exigency; more required

Officers surveilled defendant’s house for several hours, and finally they entered. The mere possibility of destruction of evidence isn’t exigency. Here, however, other officers and an AUSA were in the process of working on a search warrant, and that had … Continue reading

Posted in Emergency / exigency, Independent source | Comments Off

E.D.Wis.: Facebook SW had thin but sufficient showing of PC, and GFE applied

The police had information that armed robbers were communicating on Facebook about their plans. The affidavit of probable cause as to this defendant’s Facebook account was thin, but it was similar to that of the other defendants and it still … Continue reading

Posted in E-mail, Good faith exception, Independent source | Comments Off

TN: Delivery of pseudo not exigency for warrantless entry but here they had independent source for warrant

Delivery of pseudoephedrine did not justify a warrantless entry into defendant’s house as an exigent circumstance. However, the officers had probable cause already, and there was an independent source for the information. Tennessee still follows Aguilar-Spinelli, and it requires “corroboration … Continue reading

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MA: Def’s landlord’s statements were independent of any illegal entry, and they supported PC for SW

Statements from the owner of defendant’s house which made it into the search warrant application and were made after the alleged illegal entry by the police were an independent source. Thus, the motion judge properly denied the motion to suppress … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

CA2: Even if defendant’s stop violated the Fourth Amendment, his assault on the officer not suppressed

Even if defendant’s stop violated the Fourth Amendment, his assault on the officer would not be suppressed. United States v. Jenkins, 2016 U.S. App. LEXIS 15539 (2d Cir. Aug. 24, 2016). Defendant’s 2255 claim seems to be that the government … Continue reading

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M.D.Ala.: Consent to search after Miranda violation not attenuated

Defendant’s consent to search after his admitted Miranda violation was invalid. Moreover, the vehicle search was otherwise unlawful because the government can’t support it as an inventory search. United States v. Groce, 2016 U.S. Dist. LEXIS 93352 (M.D.Ala. July 1, … Continue reading

Posted in Consent, Independent source, Inventory | Comments Off

W.D.N.Y.: Independent source rule satisfied; illegal entry didn’t factor into SW

There was an illegal entry, but the police had probable cause already, and the search warrant affidavit didn’t include a word of it. Therefore, the first prong of the independent source doctrine was satisfied. As to the second, the investigation … Continue reading

Posted in Independent source, Staleness | Comments Off