Category Archives: Attenuation

Hudson gutted the knock-and-announce rule by making it purely optional 11 years ago today

Hudson v. Michigan, 547 U.S. 586 (2006), decided 11 years ago today, unraveling the knock-and-announce rule of Wilson v. Arkansas (1995) and Richards v. Wisconsin (1997). It’s constitutionally required, it saves lives, it’s far more civil in a civil society, … Continue reading

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IA: “New crime” exception for a crime committed against a police officer after an allegedly unlawful entry is a part of attenuation

The “new crime” exception for a crime committed against a police officer after an allegedly unlawful entry is permitted under the attenuation doctrine. Here, defendant assaulted a police officer who pursued her into her house on a warrant for arrest … Continue reading

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D.P.R.: Lack of attenuation from illegal search leads to exclusion

The lack of attenuation and exploitation of the illegality of an illegal search here favors exclusion. United States v. Cordero-Rosario, 2017 U.S. Dist. LEXIS 76904 (D.P.R. May 18, 2017):

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D.Kan.: 37 day old knowledge of def’s suspended DL wasn’t stale for RS for a stop

The officer’s prior knowledge that defendant’s license was expired wasn’t considered stale for a stop, even for 37 days. [It’s a stop on reasonable suspicion, not a search on probable cause.] United States v. Bell, 2017 U.S. Dist. LEXIS 62616 … Continue reading

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IL: Def’s statement after illegal arrest when confronted with bogus GSR test was not attenuated

Defendant’s statement six hours after his illegal arrest when confronted with a bogus GSR test was not attenuated. People v. Hernandez, 2017 IL App (1st) 150575, 2017 Ill. App. LEXIS 206 (March 31, 2017), mod. on den. of rehearing, 2017 … Continue reading

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AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading

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CA10: Officers pulled up next to def walking along road and finally told him to stop; this was a seizure without RS

Defendant was walking down the street at night and a police car pulled up beside him and officers were talking to him as he walked. Finally they told him to stop. This was a seizure for which there was no … Continue reading

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N.D.Ala.: One is not free to leave when officer retains his DL; otherwise, case is essentially a repeat of Strieff

A person is not free to leave when the officer retains his driver’s license. The officer’s conduct in detaining defendant here was no worse than in Strieff, and the finding of the arrest warrant would not be suppressed. United States … Continue reading

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OR: Detention at gunpoint wasn’t attenuated from statement

Defendant’s stop and detention was with a show of force, and his statement wasn’t attenuated from his de facto arrest. Suppression order affirmed. State v. Pichardo, 360 Ore. 754 (Jan. 20, 2017), aff’g 275 Ore. App. 49, 364 P.3d 1 … Continue reading

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CA8: Def’s statement was attenuated from the false statement that led to the SW being issued

An untrue statement in an affidavit for search warrant was attenuated from defendant’s later confession. All four factors of the attenuation doctrine weighed in favor of not suppressing statements defendant made during his interview with the agent. The causal connection … Continue reading

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D.Idaho: Def’s flight from an unreasonable stop, after initial detention, wasn’t attenuated

Defendant’s flight and dropping gun from an illegal arrest here wasn’t an intervening circumstance. There was nothing in the 911 call that justified defendant’s stop in the first place. Defendant complied at first, and then fled. United States v. Gallinger, … Continue reading

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E.D.Pa.: No attenuation to save statement made after arrest w/o PC

No attenuation: defendant was arrested without probable cause and gave a statement, and there is no intervening event. Statement suppressed. United States v. Vilella, 2016 U.S. Dist. LEXIS 168741 (E.D.Pa. Dec. 6, 2016):

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