IN: FBI’s search was used in state court; since state doesn’t recognize attenuation, the uncontested suppression of the search also suppresses def’s statements

The FBI’s search of defendant’s computers was governed by the Indiana Constitution in state court, and the search was unlawful under that. Since Indiana doesn’t recognize the attenuation doctrine, defendant’s statements are suppressed as well. Wright v. State, 2018 Ind. App. LEXIS 18 (Jan. 25, 2018).

Where defendant communicated with a minor over the internet, that gave the police probable cause to seize and search his cell phone as a likely means of communication with the PlentyofFish dating website. “The officers had ample reason to seek a search warrant for defendant’s iPhone and home computer. In particular, the phone found in his possession and seized at the time of his arrest was likely the instrument used by him, rather than by someone else, to communicate on the PlentyofFish site. The contents of the phone would be reasonably expected to confirm that the device had been used by him to entice a 15-year old female into a sexually explicit encounter.” United States v. Young, 2018 U.S. Dist. LEXIS 11449 (S.D. W.Va. Jan. 24, 2018).

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