{"id":29049,"date":"2017-09-17T08:40:24","date_gmt":"2017-09-17T13:40:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29049"},"modified":"2017-09-17T08:40:24","modified_gmt":"2017-09-17T13:40:24","slug":"m-d-la-def-claims-an-illegal-search-led-to-his-arrest-his-admissions-on-jail-phone-calls-are-attenuated-from-that","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=29049","title":{"rendered":"M.D.La.: Def claims an illegal search led to his arrest; his admissions on jail phone calls are attenuated from that"},"content":{"rendered":"<p>Defendant\u2019s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. \u201cThe Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent criminal act. The nexus was further attenuated by the subsequent probable cause and consent searches, neither of which have been challenged. Accordingly, the challenged evidence was derived by a \u2018means sufficiently distinguishable to be purged of the primary taint.\u2019\u201d United States v. Reed, 2017 U.S. Dist. LEXIS 147331 (M.D. La. Sept. 12, 2017).<\/p>\n<p>Defendant showed no possessory interest in his girlfriend\u2019s car to have standing to object to a search of it. And, the record shows she consented to the search. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO124000.pdf\">Hill v. State<\/a>, 2017 Miss. App. LEXIS 543 (Sept. 12, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. \u201cThe Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=29049\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75,34],"tags":[],"class_list":["post-29049","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29049","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29049"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29049\/revisions"}],"predecessor-version":[{"id":29050,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29049\/revisions\/29050"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29049"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29049"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29049"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}