Category Archives: Independent source

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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