Category Archives: Attenuation

AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading

Posted in Attenuation, Exclusionary rule, Knock and announce, Probation / Parole search | Comments Off

CA10: Officers pulled up next to def walking along road and finally told him to stop; this was a seizure without RS

Defendant was walking down the street at night and a police car pulled up beside him and officers were talking to him as he walked. Finally they told him to stop. This was a seizure for which there was no … Continue reading

Posted in Attenuation, Reasonable suspicion, Seizure | Comments Off

N.D.Ala.: One is not free to leave when officer retains his DL; otherwise, case is essentially a repeat of Strieff

A person is not free to leave when the officer retains his driver’s license. The officer’s conduct in detaining defendant here was no worse than in Strieff, and the finding of the arrest warrant would not be suppressed. United States … Continue reading

Posted in Attenuation, Consent | Comments Off

OR: Detention at gunpoint wasn’t attenuated from statement

Defendant’s stop and detention was with a show of force, and his statement wasn’t attenuated from his de facto arrest. Suppression order affirmed. State v. Pichardo, 360 Ore. 754 (Jan. 20, 2017), aff’g 275 Ore. App. 49, 364 P.3d 1 … Continue reading

Posted in Arrest or entry on arrest, Attenuation | Comments Off

CA8: Def’s statement was attenuated from the false statement that led to the SW being issued

An untrue statement in an affidavit for search warrant was attenuated from defendant’s later confession. All four factors of the attenuation doctrine weighed in favor of not suppressing statements defendant made during his interview with the agent. The causal connection … Continue reading

Posted in Attenuation, Exclusionary rule | Comments Off

D.Idaho: Def’s flight from an unreasonable stop, after initial detention, wasn’t attenuated

Defendant’s flight and dropping gun from an illegal arrest here wasn’t an intervening circumstance. There was nothing in the 911 call that justified defendant’s stop in the first place. Defendant complied at first, and then fled. United States v. Gallinger, … Continue reading

Posted in Arrest or entry on arrest, Attenuation | Comments Off

E.D.Pa.: No attenuation to save statement made after arrest w/o PC

No attenuation: defendant was arrested without probable cause and gave a statement, and there is no intervening event. Statement suppressed. United States v. Vilella, 2016 U.S. Dist. LEXIS 168741 (E.D.Pa. Dec. 6, 2016):

Posted in Attenuation | Comments Off

M.D.La.: Later suppression of drugs that led to indictment and finding more drugs on arrest doesn’t suppress the second find

Defendant was subjected to a search and arrested with drugs. He was indicted on that. When executing the arrest warrant, officers found defendant with more drugs. After that, defendant succeeded in suppressing the evidence in the first case that led … Continue reading

Posted in Attenuation, Reasonable expectation of privacy | Comments Off

ID: The state conceded the DL held too long, but taint was not purged, so suppression should have been granted

The trial court erred in denying defendant’s motion to suppress and in finding that the evidence was purged from the taint of an unlawful detention. The State conceded that an unlawful seizure occurred when the officer held onto defendant’s driver’s … Continue reading

Posted in Attenuation, Reasonable suspicion, Seizure | Comments Off

Utah v. Strieff, 2016 Supplement, § 10.02; maybe overcoming Strieff

Utah v. Strieff is discussed in six sections in the 2016 supplement, primarily in § 10.02: § 10.02 on the attenuation doctrine Page 10-12 Add at end of section: In Utah v. Strieff,63 the officer had been tipped that drugs … Continue reading

Posted in Attenuation | Comments Off