Category Archives: Attenuation

M.D.La.: Def claims an illegal search led to his arrest; his admissions on jail phone calls are attenuated from that

Defendant’s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. “The Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent … Continue reading

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OH5: SW needed to obtain blood results from hospital’s blood draw

Defendant’s blood draw in the hospital was for medical purposes, and a search warrant was required to get access to that information. Trial court affirmed. State v. Saunders, 2017-Ohio-7348, 2017 Ohio App. LEXIS 3640 (5th Dist. Aug. 23, 2017). Playpen … Continue reading

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ID: Distinguishing Strieff, when it was obvious the person stopped was not the person the police were looking for, running warrants was unnecessary and continued the stop

Distinguishing Strieff, when it was obvious the person stopped was not the person the police were looking for, running warrants on them was unnecessary and continued the stop. State v. Cohagan, 2017 Ida. LEXIS 250 (Aug. 24, 2017)

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NC: Firing gun at officer during alleged illegal traffic stop removed the taint

Even if the defendant was subjected to an illegal stop, his firing his gun at the officer was a new crime that removed the taint. State v. Hester, 2017 N.C. App. LEXIS 558 (July 18, 2017). Compelled testimony in the … Continue reading

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CAAF: Attenuation not shown and ER applies: officer conducted ‘unwise, avoidable, and unlawful’ investigation and arrest

Defendant’s arrest was unlawful and the government failed to show attenuation. “However, we do not think it necessary that the agent’s misconduct be outrageous for the third factor in Brown to apply. Though there is no evidence of bad motive … Continue reading

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W.D.Mo.: Illegal Terry frisk led to subsequent searches after arrest warrant found; no suppression under Strieff

Defendant’s Terry frisk was invalid, but the existence of a warrant for his arrest requires that the subsequent searches not be suppressed under Strieff. United States v. Sisco, 2017 U.S. Dist. LEXIS 94761 (W.D. Mo. Jan. 11, 2017), adopted, 2017 … Continue reading

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Hudson gutted the knock-and-announce rule by making it purely optional 11 years ago today

Hudson v. Michigan, 547 U.S. 586 (2006), decided 11 years ago today, unraveling the knock-and-announce rule of Wilson v. Arkansas (1995) and Richards v. Wisconsin (1997). It’s constitutionally required, it saves lives, it’s far more civil in a civil society, … Continue reading

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IA: “New crime” exception for a crime committed against a police officer after an allegedly unlawful entry is a part of attenuation

The “new crime” exception for a crime committed against a police officer after an allegedly unlawful entry is permitted under the attenuation doctrine. Here, defendant assaulted a police officer who pursued her into her house on a warrant for arrest … Continue reading

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D.P.R.: Lack of attenuation from illegal search leads to exclusion

The lack of attenuation and exploitation of the illegality of an illegal search here favors exclusion. United States v. Cordero-Rosario, 2017 U.S. Dist. LEXIS 76904 (D.P.R. May 18, 2017):

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D.Kan.: 37 day old knowledge of def’s suspended DL wasn’t stale for RS for a stop

The officer’s prior knowledge that defendant’s license was expired wasn’t considered stale for a stop, even for 37 days. [It’s a stop on reasonable suspicion, not a search on probable cause.] United States v. Bell, 2017 U.S. Dist. LEXIS 62616 … Continue reading

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