Category Archives: Attenuation

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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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

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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

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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

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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

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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

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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

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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

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