Category Archives: Attenuation

IL: Illegal stop and search not fixed under Strieff by finding outstanding warrant after

An illegal stop and search that led to an outstanding warrant wasn’t attenuated by the finding of the warrant, even when the stop was not purposeful or flagrant. In re Jarrell C. (People v. Jarrell C.), 2017 IL App (1st) … Continue reading

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CA8: The independent source rule doesn’t apply to a civil rights conviction for false arrest

Defendant was properly convicted of false arrest as a deprivation of civil rights. He argued the attenuation doctrine that there was an independent source of information. There wasn’t, and the independent source doctrine is for the exclusionary rule not a … Continue reading

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OR: State has burden of pleading and proof on attenuation, and here it failed

The state had the burden and failed to prove attenuation between the stop and unreasonable search and finding the evidence. It did not raise the issue to preserve it. [This was submitted 33 months ago after remand from Oregon Supreme … Continue reading

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MD follows Strieff on attenuation from preexisting arrest warrant

“[W]here officers observed a group of individuals openly drinking what appeared to be an alcoholic beverage and one of them threw a bottle to the ground, the officers had reasonable suspicion to investigate a potential open container violation and to … Continue reading

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NE: Oral and written advice of rights to refuse consent attenuated any possible minor illegal police misconduct

The officer’s misconduct, if any, wasn’t flagrant and the later written advisement and waiver of consent was attenuation. State v. Bray, 297 Neb. 916, 2017 Neb. LEXIS 178 (Sept. 29, 2017). Defendant was driving a car carrier, and he was … Continue reading

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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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