W.D.Mo.: Motel room was illegally entered, but it was to preserve the scene not search it, so independent source applied to SW

“In this case, the evidence shows that the officers illegally entered the motel room. However, they only secured the room and did not conduct a search until they had a search warrant. The undisputed evidence shows that the warrant was obtained solely based on the information officers had gathered prior to the illegal entry into the room. Nothing from the illegal entry resulted in the application for the warrant, nor did any information obtained from the illegal entry form the probable cause basis for the warrant. Thus, ‘[b]ecause the information used to obtain the search warrant was independent of the illegal entry and the illegal entry did not contribute to the discovery of the evidence seized under the warrant, the evidence should not be suppressed.’ Marts, 986 F.2d at 1221 (citing Murray, 487 U.S. at 537-38). Therefore, Diaz-Ortiz’s Motion should be denied.” United States v. Diaz-Ortiz, 2017 U.S. Dist. LEXIS 129764 (W.D. Mo. June 7, 2017).*

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