CA3: Anders brief rejected; the Fourth Amendment claim here is at least arguable and must be discussed more fully

Anders brief rejected; the Fourth Amendment claim here is at least arguable and must be discussed more fully. The court won’t reject it out of hand. United States v. Telfair, 507 Fed. Appx. 164 (3d Cir. 2012)*:

In addition, the importance of the evidence seized from 185 Parker Street to the Government’s case, and the circumstances of its discovery, should have alerted Mr. Azzarello that he must address the issue. The heroin found at 185 Parker Street was the source of the investigation of Telfair; if this evidence is tainted, it is not “fruit of the poisonous tree,” but rather is the root of the poisonous tree. This evidence provided the foundation for the investigation and prosecution of Telfair. Without that foundation, the case collapses. Furthermore, because this quintessential evidence was discovered during a warrantless search—which is per se unreasonable, subject to a few, narrow exceptions, Katz v. United States, 389 U.S. 347, 356 (1967)—Mr. Azzarello was obligated to discuss the issue in his brief and explain why it would be frivolous to seek a reversal of the District Court’s order.

Given the foregoing, Mr. Azzarello’s Anders brief does not satisfy this Court that he has conducted a thorough examination of the record in search of appealable issues. Finding that his Anders brief is inadequate, we proceed to step two of the analysis, and conduct an independent review of the record to determine whether any nonfrivolous issues exist. Coleman, 575 F.3d at 321; Youla, 241 F.3d at 301.