Category Archives: Attenuation

CA2: Unlicensed and uninsured motorcycle parked on street was subject to community caretaking function when def was arrested

“Because Owens’s motorcycle was on a public street with no displayed license plate and was uninsured, the community caretaking function applied, even though it was parked at the time of his arrest.” Owens v. Fitzgerald, 2024 U.S. App. LEXIS 12292 … Continue reading

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NM: New crime after alleged illegal seizure not suppressed

Defendant’s new crimes after his alleged illegal seizure are not suppressed. State v. Morgan, 2024 N.M. App. LEXIS 23 (May 13, 2024). Tossing a backpack in flight from the police is abandonment. United States v. Anderson, 2024 U.S. Dist. LEXIS … Continue reading

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E.D.Cal.: Smell of MJ still PC in a California National Park even though not under state law

The smell of marijuana from a car is no longer probable cause under California law, but it is still in a national park. United States v. Tolmosoff, 2024 U.S. Dist. LEXIS 83134 (E.D. Cal. May 7, 2024). Defendant wasn’t seized … Continue reading

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NY3: Entry into def’s stairwell was apparently illegal, but officers knocked at the door at the top of the stairs and got consent; this was attenuated

Officers entered the stairwell up to defendant’s second floor apartment. It was contended that the entry was unreasonable because the stairwell was part of defendant’s tenancy. At the top of the stairs, however, officers knocked and gained consent to enter. … Continue reading

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UT: Being hospitalized having been shot by police isn’t “custody” for Miranda purposes

A person hospitalized after having been shot by the police is not per se “in custody” for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn’t even close, … Continue reading

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E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs

The officer’s alleged excessive force in allegedly unnecessarily pulling his service weapon during defendant’s stop is not causally connected to the finding of the drugs (see Hudson), so the exclusionary rule does not apply. United States v. Coe, 2023 U.S. … Continue reading

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E.D.N.Y.: Even if Brooklyn checkpoint was unreasonable, def’s flight from it was intervening circumstance

NYPD set up a vehicle checkpoint in East Flatbush, Brooklyn, because of heavy traffic and crime in general. Every third vehicle was to be stopped except anything apparently a violation would cause a stop. Defendant was stopped for no front … Continue reading

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TX: New crime in resisting illegal arrest doesn’t depend on gravity of the new offense

Appellant resisted an illegal patdown and was Tased and charged with obstruction and resisting. A new offense is an intervening circumstance under Brown, and it doesn’t matter whether it is “serious” or not. Massey v. State, 2023 Tex. Crim. App. … Continue reading

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E.D.Mo.: Attenuation doctrine can apply to a Rodriguez violation

The attenuation doctrine can apply to a Rodriguez violation. United States v. Wright, 2022 U.S. Dist. LEXIS 203269 (E.D. Mo. Nov. 8, 2022). On the surface, there was no reasonable suspicion for extending this stop. The court sets a hearing. … Continue reading

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D.D.C.: When stop was extended without RS, def’s assault on officers was not attenuated under Brown

The court finds the stop without reasonable suspicion. It was allegedly justified by paper LPN that didn’t match the car as without reasonable suspicion because the tags weren’t run until after the stop. That and other factors don’t make reasonable … Continue reading

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TX13: Stop was consensual but became unreasonable

“We therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a ‘seizure’ for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause to … Continue reading

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WY: Flight broke any causal connection between unlawful stop and later search of person

Evidence supporting defendant’s charges was admissible under the attenuation doctrine. His flight and the circumstances surrounding his flight broke the causal connection between the alleged unlawful police conduct and the evidence supporting his charges. Also, where the trial court denied … Continue reading

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E.D.N.Y.: Attenuation doctrine applies to this SEC interview; in dicta, no 4A violation

Even assuming the exclusionary rule applies to the SEC in this case, the attenuation doctrine applies. There is no direct or indirect evidence derived from the SEC’s action. As to the direct, “The Court finds that, even if the exclusionary … Continue reading

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AL adopts new crime exception to exclusionary rule

When being arrested, defendant pulled away from officers in his room and dove for his bed and reached under a pillow. Officers thought he was going for a gun, and a melee ensued. He was charged with assault and resisting … Continue reading

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CA6 explains inevitable discovery and how it was confused here with attenuation

The district court erred by analyzing the search as attenuation when it should have been inevitable discovery, and that’s on the lawyers for not having filed adequate briefs. The court gives a thorough and helpful explanation of both and how … Continue reading

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TX2: Unlawful stop-and-frisk leads to suppression of patdown and search and abandonment during flight

Defendant’s stop was without reasonable suspicion. His alleged consent was not voluntary and his flight and abandonment were not attenuated but were caused by the illegal stop and frisk. Massey v. State, 2021 Tex. App. LEXIS 9820 (Tex. App. – … Continue reading

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N.-M.: Statement attenuated from unlawful cell phone seizure

Defendant was arrested after NCIS forced entry into his barracks room arresting him at gunpoint coming out of the shower for allegations of sexual conversations with an minor. NCIS seized his cell phone without a search authorization. Ultimately, his cell … Continue reading

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WI: Checking traffic detainee’s compliance with prior bond conditions violated Rodriguez

Defendant was stopped for a traffic offense, and defendant was on bond from a pending case. The officer decided to inquire into defendant was in compliance with the bond terms. That exceeded the normal incidents of a traffic stop. State … Continue reading

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D.Maine: Officer’s subjective motivations for crime fighting didn’t make an otherwise reasonable traffic stop unreasonable

The state trooper that stopped defendant for an objective traffic violation apparently had subjective motivation to look for other crimes, but his subjective motives aren’t determinative of anything. United States v. Fagan, 2021 U.S. Dist. LEXIS 141949 (D. Maine July … Continue reading

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D.C.: Illegal patdown without RS caused def’s flight; discard of gun in flight excluded

The patdown of defendant was manifestly unreasonable, and defendant’s flight was thereafter. The exclusionary rule should be applied to this. Johnson v. United States, 2021 D.C. App. LEXIS 187 (July 15, 2021):

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