CA11: Aerial surveillance alone was independent source for SW

The independent source doctrine applies to officers’ aerial surveillance alone. If the officers had only mentioned their aerial surveillance seeing marijuana plants, that alone was probable cause. “The district court credited the agents’ testimony that they would have sought a search warrant based on the aerial observation alone, and nothing in the record conflicts with that conclusion.” United States v. Wideman, 2018 U.S. App. LEXIS 25384 (11th Cir. Sep. 7, 2018).

Defendant essentially renews a Franks challenge by 2255, but he fails to allege anything more than what was presented in the district court back in the beginning of the case that was already rejected and affirmed on appeal. United States v. Brackett, 2018 U.S. Dist. LEXIS 152804 (D. Neb. Sep. 7, 2018).*

Defendant seeks to raise an illegal search claim in a successor 2255 without Fifth Circuit approval. Dismissed. United States v. Felice, 2018 U.S. Dist. LEXIS 152701 (W.D. La. July 25, 2018),* adopted, 2018 U.S. Dist. LEXIS 152153 (W.D. La. Sep. 7, 2018).*

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