Category Archives: Attenuation

OH12: Stop of bicyclist for no light produced arrest warrant; valid under Strieff

Defendant was stopped on his bicycle for no headlight, and that led to finding an arrest warrant for him. Under Strieff, the legality of the stop becomes almost irrelevant to the search incident for the arrest warrant as attenuated. State … Continue reading

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CA8: While the stated reason for the stop was maybe legally erroneous, there was a valid unstated alternative basis

Officers stated an improper lane change as their basis for a stop, but it might not have been illegal under Nebraska law. However, they already had reason to believe the registration on the vehicle was lapsed, and that’s a proper … Continue reading

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CA3: Nexus shown to def’s home for SW for clothing worn in robbery

When the object of a search is clothing worn during a robbery, there is nexus to defendant’s home. United States v. Ross, 2021 U.S. App. LEXIS 7701 (3d Cir. Mar. 17, 2021). Defendant answered the officer’s knock on the door … Continue reading

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NY: Denial of ownership of a key fob found under def at his arrest is abandonment of the car

Defendant could be detained during the search of his house under a warrant. When he got up off the floor, there was a key fob underneath him, and he denied it was his. The officers used the panic button to … Continue reading

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CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading

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N.D.Cal.: Misdemeanor arrest in the home reasonable under 4A and common law

Defendant’s misdemeanor vandalism arrest while officers were inside his house was reasonable under the Fourth Amendment. Common law on misdemeanor arrests applies, too. United States v. Barajas, 2021 U.S. Dist. LEXIS 21651 (N.D. Cal. Feb. 4, 2021). Defendant was convicted … Continue reading

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CA9: The fact CBP had RS doesn’t mean it’s required for a border dog sniff

“The fact that Customs and Border Patrol (CBP) officers had reasonable suspicion cannot serve to heighten the standard attached to the border search.” The use of a drug dog at the border doesn’t require reasonable suspicion. United States v. Meraz-Campos, … Continue reading

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Cal.2d: New crime during alleged illegal detention won’t be suppressed

Defendant’s new crime during alleged illegal detention will not be suppressed. Here, he doesn’t even plead enough to get a hearing. People v. Chavez, 2020 Cal. App. LEXIS 858 (2d Dist. Sept. 10, 2020). There was a substantial basis for … Continue reading

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N.D.Miss.: In wrongful death action, officer’s subjective intent offered by 404(b) evidence is inadmissible; reasonableness is objective

Because the reasonableness standard is based on objective evidence confronting the officer, the use of 404(b) evidence here would be too extraneous to show subjective intent. “Because reasonableness under the Fourth Amendment is disconnected from an officer’s subjective intent, the … Continue reading

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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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