Category Archives: Attenuation

CO: Because CO has legalized recreational MJ, use of a drug dog requires PC because a dog sniff uncovers lawful activity

Because Colorado has legalized possession of small amounts of marijuana, admission of possession of it in a car doesn’t permit a drug dog to sniff the car without probable cause to believe there is an illegal amount in the car. … Continue reading

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E.D.Ky.: Moving car for more intense automobile exception search was reasonable

A search under the automobile exception properly includes dismantling the car stereo if the officers think there is something potentially there. It was also reasonable to move the car to a different location for a more intense search. United States … Continue reading

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D.N.J.: Presentation of fake driver’s license to get car from impound after alleged unlawful seizure was new crime and attenuated

Defendant’s presentation of a fake driver’s licenses to recover his car would not be suppressed. The argument that it is connected to defendant’s alleged unlawful seizure of the car fails because it was attenuated. United States v. Minaya, 2019 U.S. … Continue reading

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D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC

When removing tainted evidence from the affidavit for the search warrant and retesting it, the issuing judge is not to be a witness. It’s the court’s duty to reevaluate the application for the search warrant on its own. United States … Continue reading

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CA9: While there was no basis for def’s stop, his and his passenger’s flight after stopping was an intervening circumstance

The court agrees that there was no basis for defendant’s traffic stop, but, after defendant stopped the car, his passenger bailed out of the car and ran, and then defendant took off and went another two miles before he was … Continue reading

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CA8: Arguable probable cause for arrest gives QI

“The totality of the circumstances at the time of the arrest, as described above, were sufficient for Svajgl to believe that Nader had committed or was committing the offense of possessing child pornography.” Arguable probable cause is all that’s required … Continue reading

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CA2: Even if SW was unlawful, def’s statement was attenuated

Even if the search warrant was unlawful for failure to specify the apartment to be searched, defendant’s statement was an intervening independent act of free will in disclosing the location of a CD of child pornography. The exclusionary rule would … Continue reading

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WA: State attenuation is more narrow than the 4A’s, and here it wasn’t satisfied

The attenuation doctrine applies under the Washington Constitution, but it is more narrowly applied than the Fourth Amendment’s. Here is it not satisfied, and there are no intervening circumstances. State v. Mayfield, 2019 Wash. LEXIS 70 (Feb. 7, 2019):

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S.D.N.Y.: Protective sweep of small apt loft was valid

A protective sweep of even a small apartment’s loft and closet is valid. Plain view sustained. United States v. Green, 2018 U.S. Dist. LEXIS 206238 (S.D. N.Y. Dec. 6, 2018).* The search issue is not dispositive of the case because … Continue reading

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CA4: Unlawfully placing GPS on def’s car was flagrant 4A violation; no attenuation found

The government unlawfully placed a GPS device on defendant’s car and two days later stopped him. It argued in the district court a lack of standing, which prevailed there, and then conceded they were wrong on appeal. The constitutional violation … Continue reading

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IN recognizes attenuation doctrine under state constitution’s exclusionary rule.

Indiana recognizes attenuation doctrine under state constitution’s exclusionary rule. Wright v. State, 2018 Ind. LEXIS 565 (Oct. 4, 2018):

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S.D.Cal.: Cell phone was validly searched under border search exception; obtaining passcode was likely unlawful, but government isn’t going to use it

Defendant was arrested at Calexico for importing meth. While in the holding cell, she gave up the password for the cell phone. The government isn’t going to use her revealing the password as evidence, but it wants to use the … Continue reading

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