Category Archives: Attenuation

E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

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CA5: Attenuation of statement from arrest found: “Suppression of inculpatory evidence is an extraordinary remedy.”

The Fifth Circuit finds defendant’s statement is attenuated from his arrest. The time factor favors defendant but the rest favors the government. “Finally, the purpose and flagrancy factor favors the Government with respect to both the stop and subsequent search. … Continue reading

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E.D.N.C.: Mere disagreement with state court conclusion on 4A claim doesn’t overcome Stone v. Powell bar

Defendant litigated his search in state court and lost in the trial court and on appeal. He filed a habeas petition. “Petitioner’s disagreement with the ultimate disposition of his Fourth Amendment claim does not indicate he was not given a … Continue reading

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CA10: Consent was attenuated from alleged unlawful stop despite def’s real urgency to go pee

The government proved that defendant’s consent was attentuated from the alleged unlawful detention because the paperwork during the stop was given back. The district court considered the fact defendant complained she had to pee really bad. United States v. Ramos, … Continue reading

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NM: Assuming stop was unconstitutional, def’s giving a false name purged the taint

Surveying the law nationwide, the court concludes that defendant’s giving a false name purged the taint of his unreasonable stop under both the Fourth Amendment and the state constitution. The court declines the invitation to distinguish between violent and non-violent … Continue reading

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IN: FBI’s search was used in state court; since state doesn’t recognize attenuation, the uncontested suppression of the search also suppresses def’s statements

The FBI’s search of defendant’s computers was governed by the Indiana Constitution in state court, and the search was unlawful under that. Since Indiana doesn’t recognize the attenuation doctrine, defendant’s statements are suppressed as well. Wright v. State, 2018 Ind. … Continue reading

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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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