Category Archives: Independent source

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

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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

W.D.Mo.: Despite govt instigated private seizure of phone, emails admissible because the govt already had them

Defendant’s wife seized his cell phone and turned it over to the police at their suggestion, but only because he was communicating with what he believed were underage girls for purposes of sex. The police already had all the emails … Continue reading

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ID: A 15 year old runaway on the property is an exigent circumstance

The search of defendant’s shed for a 15 year old runaway was reasonable on exigent circumstances, and there was a no contact order between them. State v. Smith, 2016 Ida. App. LEXIS 20 (Feb. 16, 2016). Defendant moved to suppress … Continue reading

Posted in Consent, Emergency / exigency, Independent source | Comments Off

D.Neb.: Protective sweep was for evidence not persons, but there was an independent basis for the SW

The protective sweep in this case was not a look for persons but evidence, and the body cam audio supports that conclusion. However, there was an independent basis for a search warrant, and the motion to suppress guns found in … Continue reading

Posted in Independent source, Protective sweep, Reasonable suspicion | Comments Off

NV: That third-party consenter consented is not inadmissible hearsay

Trial court’s ruling that the third party consenter’s consent was hearsay was plain error. It’s not offered for the truth of the matter asserted. Moultrie v. State, 131 Nev. Adv. Op. 97, 2015 Nev. App. LEXIS 15 (Dec. 24, 2015). … Continue reading

Posted in Burden of proof, Consent, Independent source, Protective sweep | Comments Off

ND: Excising information from illegal search from affidavit for SW still left PC for the warrant, so suppression denied

Defendant’s cell phone was searched without a warrant six weeks before Riley, and the information derived from his text messages made it into a search warrant affidavit. The state concedes Riley applies. However, excising the unlawfully obtained information from the … Continue reading

Posted in Cell phones, Consent, Independent source | Comments Off

D.Minn.: Even if def’s stop was without RS, his flight and subsequent traffic violations were an independent basis for arrest

Officers had reasonable suspicion to approach defendant’s vehicle for being engaged in a pending drug sale. “However, even if officers lacked reasonable suspicion to support the stop of defendant’s vehicle, the Court finds that defendant’s attempt to flee from law … Continue reading

Posted in Abandonment, Independent source, Probable cause, Reasonable suspicion | Comments Off

PA: In a child murder case, the police entry merely to look for other children in the home did not taint subsequent SW

Defendant was sentenced to death for murder of a two-year old boy. On the search issue, officers entered the house only to see if there was another child in the house that he was caring for. They came back with … Continue reading

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ID: Child sex offense witnesses were discovered prior to likely illegal phone search

Defendant was under investigation for various offenses, including sex crimes. His cell phone was seized when he was arrested for burglary. Minor sex offense witnesses were identified by the allegedly illegal search of the phone, and the court doesn’t suppress … Continue reading

Posted in Franks doctrine, Independent source, Plain view, feel, smell, Probable cause | Comments Off

WI: Police had independent source of information of CP to search computer seized in connection with wife’s suicide investigation

Defendant’s wife allegedly committed suicide. In the investigation, the police interviewed their daughter and she said that her mother was using her computer just before her death. The computer was seized as a part of the suicide investigation. Later the … Continue reading

Posted in Attenuation, Computer searches, Independent source | Comments Off

CA1: Govt proved independent source for SW; nexus to computer shown by its proximity to forged documents

Removing the information from the alleged illegal search from the affidavit for search warrant still shows probable cause from independent sources, and the motions to suppress were properly denied. Nexus to search one defendant’s computer came from his carrying it … Continue reading

Posted in Independent source, Nexus | Comments Off