Category Archives: Independent source

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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N.D.Ga.: Prior illegal search of cell phone was moot by SW based on prior acquired info

Even though the government conducted an illegal warrantless search of defendant’s cell phone, they later obtained a search warrant based on previously acquired information, so the independent source doctrine applies. United States v. Keel, 2017 U.S. Dist. LEXIS 58895 (N.D. … Continue reading

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W.D.Ark.: Govt had independent source for cracking password on Android phone by software so def’s suppressed confession doesn’t suppress phone

While defendant’s confession was suppressed, his passwords to his phone were not because it was an Android phone, and the government could get in to an Android phone with its software. Thus, there was an independent source. United States v. … Continue reading

Posted in Cell phones, Independent source | Comments Off

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