MN: Independent source doctrine obviated need to decide private search

Defendant appeals his sexual assault conviction. His victim came to his house to bum a cigarette, and she stayed to drink with defendant and his girlfriend. She fell asleep and awoke in the morning, fully clothed, with defendant’s girlfriend yelling and telling her to get out. She grabbed her phone and left, only she discovered it wasn’t her phone when she got home and plugged it in. She suspected it was defendant’s phone and she was able to guess the password based on a number common to defendant and his alleged gang. She found videos of him raping her on the phone from the night before. She called the police, showed the videos, and then they applied for a search warrant for the phone. Without even reaching the private search issue, the court decides the independent source doctrine applies. State v. Ironhawk, 2018 Minn. App. LEXIS 507 (Dec. 24, 2018).* This is a chicken and egg argument: the private search is the independent source.

This entry was posted in Independent source. Bookmark the permalink.

Comments are closed.