CO: After first SW for cell phone was suppressed for Franks violation, second was valid with independent source

Defendant was subjected to two search warrants for his cell phones in possession of the police. A motion to suppress the first search was granted because the officer recklessly included false information that deprived it of probable cause. The police got a second search warrant not including anything in the affidavit that was learned from the first, and this was sustained based on the independent source doctrine. People v. Dominguez-Castor, 2020 COA 1, 2020 Colo. App. LEXIS 12 (Jan. 2, 2020).

When defendant admitted he was armed, the officer made the “split second decision” to frisk him, and it was all with reasonable suspicion. United States v. Hunter, 2020 U.S. App. LEXIS 541 (11th Cir. Jan. 9, 2020).*

Defendant didn’t object to the search of his car at trial so it’s waived. On what record there is, it appears reasonable under the automobile exception. Borne v. State, 2020 Tex. App. LEXIS 85 (Tex. App. – Beaumont Jan. 8, 2020).*

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