Category Archives: Attenuation

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

Posted in Arrest or entry on arrest, Attenuation | Comments Off

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):

Posted in Attenuation | Comments Off

M.D.La.: Later suppression of drugs that led to indictment and finding more drugs on arrest doesn’t suppress the second find

Defendant was subjected to a search and arrested with drugs. He was indicted on that. When executing the arrest warrant, officers found defendant with more drugs. After that, defendant succeeded in suppressing the evidence in the first case that led … Continue reading

Posted in Attenuation, Reasonable expectation of privacy | Comments Off

ID: The state conceded the DL held too long, but taint was not purged, so suppression should have been granted

The trial court erred in denying defendant’s motion to suppress and in finding that the evidence was purged from the taint of an unlawful detention. The State conceded that an unlawful seizure occurred when the officer held onto defendant’s driver’s … Continue reading

Posted in Attenuation, Reasonable suspicion, Seizure | Comments Off

Utah v. Strieff, 2016 Supplement, § 10.02; maybe overcoming Strieff

Utah v. Strieff is discussed in six sections in the 2016 supplement, primarily in § 10.02: § 10.02 on the attenuation doctrine Page 10-12 Add at end of section: In Utah v. Strieff,63 the officer had been tipped that drugs … Continue reading

Posted in Attenuation | Comments Off

SCOTUS: Utah v. Strieff: Even if stop lacked RS, finding an arrest warrant on def justified his search; the warrant is attenuated from the stop (so they can violate the 4A if there’s a warrant out)

Defendant was stopped leaving a drug house under surveillance. He gave his name, and an arrest warrant came back for him. Attenuation is found without regard to the validity of the stop. The attenuation doctrine is not limited to the … Continue reading

Posted in Attenuation, SCOTUS | Comments Off

OH10: Def can’t suppress his assault on officer by claiming entry was illegal

Defense counsel was not ineffective for not challenging under the Fourth Amendment the police entry into the house that led to defendant assaulting an officer. Even if it was a nonconsensual entry, defendant’s crime against the officer was independent of … Continue reading

Posted in Attenuation, Consent, Independent source | Comments Off

E.D.Tex.: Alleged police induced private search in SW affidavit mooted by fact remainder still shows PC

Defendant’s landlord conducted a private search of his apartment and brought out 2 lbs of meth to the police saying there was more inside. He argues that this information in a search warrant application should be purged because the landlord … Continue reading

Posted in Attenuation, Independent source, Private search | Comments Off

OR: Even if stop invalid, false name given to officer is attenuated

While the officer at the suppression hearing couldn’t remember the basis for the traffic stop, the crux was that defendant gave a false name when arrested, and that was an independent illegality attenuated from the stop. The false name charge … Continue reading

Posted in Attenuation, GPS / Tracking Data | Comments Off

Two on detentions without cause and no attenuation

Officers were running license numbers of cars on a drug store parking lot and found one where the owner had warrants out for him. When the driver showed up, and he generally matched the description of the owner, he fled … Continue reading

Posted in Attenuation, Reasonable suspicion | Comments Off

E.D.N.Y.: Pretextual administrative search of liquor permitted premises still valid, and SW had plenty of PC despite that

Defendant’s store in Brooklyn was a front for a cocaine operation. The store also had a liquor license. The government developed substantial probable cause, yet first entered the store to conduct an administrative inspection of the permitted premises. A subsequent … Continue reading

Posted in Administrative search, Attenuation | Comments Off

N.D.Ill.: With arrest in driveway on a fake drug deal, govt fails to show entry into garage was inevitable; cash suppressed

Defendant was handcuffed and questioned in his driveway about a CI’s planned transaction with him that the government controlled. He was handcuffed in his driveway and 10 officers were there. The court finds his statements about the money in his … Continue reading

Posted in Attenuation | Comments Off