Category Archives: Independent source

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

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

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

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

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

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

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

CA11: Where the SW was drafted the day before the alleged illegal entry, the independent source doctrine clearly applied

The independent source doctrine was sufficient to show that the search was valid, no matter what. The affidavit for the search warrant was drafted the day before the alleged illegal entry for arrest and protective sweep, which the court can … Continue reading

Posted in Consent, Independent source | Comments Off

D.Vt.: False name during traffic stop is RS for longer detention

Officer’s reasonable belief driver gave false name is reasonable suspicion to continue a stop. United States v. Marsh, 2016 U.S. Dist. LEXIS 47995 (D.Vt. April 7, 2016). Defendant challenged the search warrant because it included information that was allegedly obtained … Continue reading

Posted in Independent source, Reasonable suspicion | Comments Off

OH10: Def can’t suppress his assault on officer by claiming entry was illegal

Defense counsel was not ineffective for not challenging under the Fourth Amendment the police entry into the house that led to defendant assaulting an officer. Even if it was a nonconsensual entry, defendant’s crime against the officer was independent of … Continue reading

Posted in Attenuation, Consent, Independent source | Comments Off

E.D.Tex.: Alleged police induced private search in SW affidavit mooted by fact remainder still shows PC

Defendant’s landlord conducted a private search of his apartment and brought out 2 lbs of meth to the police saying there was more inside. He argues that this information in a search warrant application should be purged because the landlord … Continue reading

Posted in Attenuation, Independent source, Private search | Comments Off

MA: If arrest invalid, inventory based on it is too

Defendant’s arrest was invalid, so the inventory of his car was invalid. Commonwealth v. Williams, 2016 Mass. Super. LEXIS 19 (Wooster Feb. 18, 2016). The protective sweep here was invalid, but that did not require suppression of the search. Excising … Continue reading

Posted in Independent source, Ineffective assistance, Inventory, Protective sweep | Comments Off