CA8: The independent source rule doesn’t apply to a civil rights conviction for false arrest

Defendant was properly convicted of false arrest as a deprivation of civil rights. He argued the attenuation doctrine that there was an independent source of information. There wasn’t, and the independent source doctrine is for the exclusionary rule not a defense to the crime of false arrest under color of law. United States v. Blakeney, 2017 U.S. App. LEXIS 24883 (8th Cir. Dec. 11, 2017).

Defendant’s search and seizure claims were resolved in the direct appeal and couldn’t be raised in post-conviction. State v. Salasky, 2017 Del. Super. LEXIS 636 (Dec. 5, 2017).*

The stop was based on speeding that was at least partially corroborated by the dashcam video. The video also supported defendant’s consent to search. State v. Johnson, 2017-Ohio-8909, 2017 Ohio App. LEXIS 5332 (2d Dist. Dec. 8, 2017).*

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