D.S.D.: Independent source saves search where there was a trespass on the curtilage

“Law enforcement trespassed on Johnson’s property without a warrant and thereby violated Johnson’s Fourth Amendment rights. But probable cause existed without the evidence from the trash pull to search Johnson’s red 1994 Cadillac DeVille and his person. Evidence discovered in that search was sufficient to support a search warrant for Johnson’s storage unit, and the evidence discovered in Johnson’s house would have inevitably been discovered through investigation independent of the Fourth Amendment violation. Even if probable cause did not exist for the warrants, law enforcement relied on those warrants in good faith. Thus, the report and recommendation is adopted as modified by this opinion.” United States v. Johnson, 2015 U.S. Dist. LEXIS 78618 (D.S.D. June 16, 2015).*

Implied consent continues to exist in Idaho, and defendant otherwise agrees that consent applies. State v. Smith, 2015 Ida. App. LEXIS 49 (June 15, 2015).*