Category Archives: Attenuation

KS: Inquiry to resolve an alleged emergency was reasonable, but extending detention to check warrants was unreasonable even under Strieff

Officers extending a safety check once the person was found to be fine just to see if there were warrants on the person went beyond the basis for the detention and was unreasonable. When the suspected emergency was resolved, the … Continue reading

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CA9: Where first meeting violated 4A, second meeting 8 mo later tied to first was not attenuated

By the court: “The panel explained that when a confession results from certain types of Fourth Amendment violations, the government must go beyond proving that the confession was voluntary—it must also show a sufficient break in events to undermine the … Continue reading

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MA: Info there might be armed men holding a hostage inside justified entry

“In this case, the police had information that there might be armed men holding a woman in an apartment against her will. In the circumstances presented here, so long as the officers had ‘an objectively reasonable basis to believe’ that … Continue reading

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CA2: Lack of any justification for a stop distinguishes Strieff and finding arrest warrant wasn’t attenuated

The police lacked reasonable suspicion to stop defendant because about all they had was he was the same race as their suspect. Finding an outstanding arrest warrant didn’t attenuate the unreasonable stop. The lack of any justification for the stop … Continue reading

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OR: Warrantless seizure of house wasn’t shown to taint SW for house

Defendant’s house was seized to get a search warrant. Defendant does not show that the search warrant was tainted by the warrantless seizure. State v. Dehong, 305 Ore. App. 325, 2020 Ore. App. LEXIS 844 (July 8, 2020).* “Here, considering … Continue reading

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PA: Police getting SW for CSLI they already had after Carpenter was reasonable

Carpenter was decided three weeks before defendant’s trial. The state then sought a search warrant to supplement its having already obtained the CSLI. Defendant’s motion to suppress on the eve of trial was denied. The search warrant was adequate for … Continue reading

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NM: Stop for mere curiosity to run name was unreasonable stop under Strieff

Stopping defendant for mere curiosity to get his name and then run warrants was an unreasonable stop. When a warrant came up, it wasn’t attenuated under Strieff. “Here, Officer Hernandez testified that it was his practice when working the night … Continue reading

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SD: Finding arrest warrant here was attenuated from the stop

On the totality, the finding of an arrest warrant curing an allegedly illegal stop favors the state on application of the exclusionary rule under Strieff. “Because the connection between Mousseaux’s detention and the subsequent search incident to her arrest was … Continue reading

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OH5: Driver’s pulling MJ from her bra wasn’t RS as to the passenger

The driver producing marijuana from her bra did not create reasonable suspicion as to passenger. State v. Howard, 2020-Ohio-1400, 2020 Ohio App. LEXIS 1364 (5th Dist. Apr. 7, 2020). Since the three search warrants were all issued with probable cause, … Continue reading

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OH12: Def was detained without RS and search for arrest on outstanding warrant should have been suppressed

Defendant was detained by three officers and told to wait in her van while one ran her name. The detention lacked reasonable suspicion, and search incident to the arrest for an outstanding warrant was unreasonable and should have been suppressed. … Continue reading

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IN: Arrival of drug dog while ticket being written didn’t extend stop

The dog arrived at defendant’s traffic stop while the information was being entered into the traffic ticket program in the police car’s computer, so the dog sniff did not prolong the stop under the Fourth Amendment. Separately considering the state … Continue reading

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CADC: AE applied to boxes police reasonably believed contained evidence that was being removed from the premises

Defense counsel wasn’t ineffective for not moving to suppress the seizure of boxes of evidence from defendant’s car. It was reasonable for the officers to believe defendant was loading the car to move evidence to hide it when the police … Continue reading

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D.Utah: Unlatching but not opening car door to look inside then shutting it was attenuated from dog sniff that gave PC

Officers unlatched the door of a suspicious car parked on an cul-de-sac away from houses, and the car was suspected of a theft from a Sam’s store. The door was shut without looking inside and then a drug dog was … Continue reading

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WY: Def’s contradictions of travel compared to car rental agreement and lies about criminal history was RS

Defendant was stopped for following too close in a rental car. It was reasonable for the trooper to suspect defendant rented the car to transport drugs because there were obvious contradictions between the car rental agreement and his travel plans, … Continue reading

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D.Minn.: Broad SW in tax investigation on one false return justified breadth of SW because it was likely other taxes were not paid, too

The nature of the probable cause and when it was found was justification for broad search warrant for records in a tax investigation. “But, unlike in Rickert, the investigation in this case began with broader data collected by the IRS … Continue reading

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D.N.M.: Def’s car’s impoundment wasn’t justified by community caretaking function or need for inventory

The impoundment of defendant’s car wasn’t justified by either the community caretaking function or need for inventory. Whether the vehicle was even involved in a crime was inconclusive at best. United States v. Trujillo, 2019 U.S. Dist. LEXIS 201024 (D. … Continue reading

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