VA: SW tainted by unlawful entry onto the curtilage for a smell

The evidence obtained pursuant to a search warrant was tainted by police officers’ initial unlawful entry onto defendant’s curtilage. Without that unlawful entry, the officers had no evidence connecting the marijuana odor to defendant or his residence. In addition, he was [not] a subject of any investigation. It was only through the unlawful actions of the officers, both the entry onto defendant’s property and the property of other trailer owners, that the officers were able to connect the odor to a particular location. The court can’t conclude that the discovery of the evidence was attenuated from the unlawful search. Thus, the court cannot say the evidence would have ultimately or inevitably been obtained without the misconduct. Carlson v. Commonwealth, 2019 Va. App. LEXIS 36 (Feb. 12, 2019).

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