S.D.Cal.: Flagrant Fourth Amendment violation taints money seizure; no sufficient intervening circumstances

The “consent” search here was not true consent, and the finding of defendant’s money for seizure was a product of that invalid consent. There were no intervening circumstances sufficient to purge the taint. “The Court also finds the constitutional violations that preceded Moser’s consent were purposeful and flagrant.” United States v. $28,000.00 in United States Currency, 2012 U.S. Dist. LEXIS 44113 (S.D. Cal. March 29, 2012).*

Officers at the house end of the driveway were in the curtilage when they made their “plain view” of an HCL generator. The government’s alternative argument of knock-and-talk with a PO and LEO led to a “protective sweep,” but the government cannot prove that there was any articulable basis for believing there was somebody armed there. Finally, the court concludes that the PO had reasonable suspicion that defendant was involved in a methamphetamine operation, and that justified entry onto the property. United States v. Wyatt, 2012 U.S. Dist. LEXIS 42725 (W.D. Ky. March 28, 2012).*

Defendant’s guilty plea even waived ineffective assistance claims. [That violates the Sixth Amendment; how obtuse. How can defense counsel agree to a plea agreement that waives IAC? In any rational court, counsel can’t because of a conflict on the potential Sixth Amendment claim.] Wiand v. United States, 2012 U.S. Dist. LEXIS 43793 (N.D. Tex. January 17, 2012).*