{"id":2165,"date":"2008-07-22T07:06:34","date_gmt":"2008-06-19T09:10:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-06-19T09:10:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2165","title":{"rendered":"10th Cir. finds independent source from nearly continuous occurrence"},"content":{"rendered":"

The Tenth Circuit [somehow] finds an independent source in a tractor trailer cab search from a continuous occurrence after a dog sniff on the highway of the trailer during a traffic stop and license check, essentially holding that a lawful canine search [something not clear to me in the first place] cures all ills. United States v. Forbes<\/a>, 528 F.3d 1273 (10th Cir. 2008):<\/p>\n

Similarly, in this case, agents recovered the marijuana following a lawful canine inspection of Forbes’ tractor-trailer rig. Nothing that led agents to the truck’s tractor was in any sense derived from the search of the trailer. Even under the facts alleged by Forbes, border agents did not recover contraband or discover any evidence of wrongdoing when they entered the trailer. It is therefore impossible to say that the later discovered evidence could have been the product of the earlier unconstitutional search. See Segura v. United States<\/em>, 468 U.S. 796, 815 (1984) (“[E]vidence will not be excluded as ‘fruit’ unless the illegality is at least the ‘but for’ cause of the discovery of the evidence. Suppression is not justified unless the challenged evidence is in some sense the product of illegal governmental activity.” (quotation omitted)); see also Moore<\/em>, 329 F.3d at 404 (“The evidence was simply not the product of police illegality.”). In this case, the sole and independent source of the evidence was the legal canine sniff, which provided the agents with the necessary probable cause to enter the tractor’s cab and search for contraband. See Rosborough<\/em>, 366 F.3d at 1152. Although the two events may have been temporally close, the exterior canine sniff was conceptually unrelated to the search of the trailer. In other words, the canine inspection was a sufficiently distinguishable means of obtaining the necessary probable cause that an independent source for the evidence existed to purge any taint from the search of the trailer. We therefore hold that, even assuming that the search of the trailer occurred prior to the canine sniff of the exterior of the vehicle, the government has discharged its burden of showing that an independent source led to the discovery of the marijuana.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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