CA9: Officer opening car door and leaning inside was a search

“Because opening the car door and leaning into the car constituted an unlawful search under the Fourth Amendment, the panel considered what remedy is appropriate in this case. The panel held that the exclusionary rule applies to the loaded handgun found under the driver’s seat because the government made no effort to satisfy its burden to show that the gun is not ‘the fruit of the poisonous tree,’ did not invoke the attenuation doctrine, and did not argue that the inevitable-discovery doctrine applies.” United States v. Ngumezi, 2020 U.S. App. LEXIS 36558 (9th Cir. Nov. 20, 2020) (summary by the court).

“Defendant argues finally that the Government fails to establish that the search warrant was supported by probable cause.” [But, search warrants are presumptively issued on probable cause. It’s on the target to show otherwise.] It was supported by probable cause. United States v. Brundidge, 2020 U.S. Dist. LEXIS 214831 (E.D. Va. Nov. 17, 2020).*