Category Archives: Independent source

CA3: SW issued after alleged illegal entry was based on independent source and valid

“[W]hen police search a home pursuant to a warrant obtained after a warrantless search, evidence obtained pursuant to the warrant need not be suppressed so long as: (1) a neutral magistrate would still have issued the warrant ‘even if not … Continue reading

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LA1: Look in mailbox to confirm def’s address was after they’d confirmed his apartment; not unreasonable

In the course of a homicide investigation, the victim was shown to have last talked to defendant on his cell phone just before his murder. That led to getting his picture to show to a witness who ID’d him as … Continue reading

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D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

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CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

Defendant spent two weeks living in the apartment of another. “A king or a criminal may assert a violation of the Fourth Amendment.” He had a bedroom to himself. “The district court erred in finding that Allen did not have … Continue reading

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CA9: Officer’s peek into backpack seeing cocaine before getting SW didn’t taint the search; plenty of PC before the peek

Officer’s peek into backpack seeing cocaine before getting a search warrant for it didn’t taint the search. There was plenty of probable cause before the peek. “The agents disclosed in the warrant affidavit that they had looked inside the backpack … Continue reading

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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

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