Category Archives: Independent source

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

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

Posted in Independent source | Comments Off on TN: Delivery of pseudo not exigency for warrantless entry but here they had independent source for warrant

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

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

Posted in Independent source | Comments Off on CA2: Even if defendant’s stop violated the Fourth Amendment, his assault on the officer not suppressed

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

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

NM: Opening car door that was too heavily tinted was reasonable for officer safety

It was reasonable for an officer in a DUI stop to open the defendant’s door for his own safety when the windows were tinted so darkly he couldn’t see inside. He also knocked on the window first. State v. Simpson, … Continue reading

Posted in Independent source, Reasonableness | Comments Off on NM: Opening car door that was too heavily tinted was reasonable for officer safety

D.Mont.: Def had no standing in a search of a UK CP bulletin board service that revealed his info

Defendant had no standing in a U.K. bulletin board where he was alleged to have obtained child pornography. U.S. officers got into the system and obtained defendant’s information. Even the fact it was password protected adds nothing to the standing … Continue reading

Posted in Independent source, Standing | Comments Off on D.Mont.: Def had no standing in a search of a UK CP bulletin board service that revealed his info

W.D.N.Y.: Prior illegal entry didn’t void search were the independent source was two later controlled deliveries

Police conducted an illegal warrantless entry two weeks before seeking a search warrant, but then they made two more controlled buys from defendant before getting a search warrant. The warrant had an independent source and would not be suppressed. United … Continue reading

Posted in Independent source | Comments Off on W.D.N.Y.: Prior illegal entry didn’t void search were the independent source was two later controlled deliveries

IN: Walking into a house during a drug raid justifies a frisk

Defendant drove up to a house in the process of a drug raid. Eight people were in custody. Defendant was stopped when he got to the door, and he was frisked and a gun was found. The search was valid … Continue reading

Posted in Cell phones, Independent source, Reasonable suspicion, Warrant execution | Comments Off on IN: Walking into a house during a drug raid justifies a frisk

CA11: Nothing from warrantless cell phone search made it into SW for phones; independent source rule applies

The government did a cursory warrantless search of two defendants’ cell phones, concerned about a remote wipe, prior to obtaining a search warrant for those phones and others. The independent source rule was satisfied for the searches because there was … Continue reading

Posted in Administrative search, Independent source | Comments Off on CA11: Nothing from warrantless cell phone search made it into SW for phones; independent source rule applies

D.N.M.: Computer searches should occur away from the home of the target

Computer searches should occur away from the target’s premises. Sometimes they take a long time, and it is infeasible to do them at the scene of the search when it can take days. The comment to the Rule supports this. … Continue reading

Posted in Computer searches, Independent source | Comments Off on D.N.M.: Computer searches should occur away from the home of the target