{"id":63529,"date":"2026-03-11T08:51:26","date_gmt":"2026-03-11T13:51:26","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63529"},"modified":"2026-03-11T08:51:26","modified_gmt":"2026-03-11T13:51:26","slug":"de-second-warrant-after-first-general-warrant-was-independent-source-for-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63529","title":{"rendered":"DE: Second warrant after first general warrant was independent source for search"},"content":{"rendered":"\n<p>The trial court held the warrant for defendant\u2019s cell phone was a general warrant for overbreadth but the independent source doctrine saved the second search warrant after the first search. \u201cAll Delaware Superior Court cases addressing the instant issue support the proposition that a second warrant for a cellphone obtained after a general or overly broad warrant is valid if the information supporting probable cause was discovered independently from the prior general or overly broad warrant. Highlighting the reasoning presented in Carter, Clark, and Taylor, the court emphasized that the information used to obtain the second Matthews warrant was independent and without any basis from evidence obtained in the first warrant. The court therefore found the independent source doctrine applied to the second warrant.\u201d <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=392660\">State v. Azofeifa-Ramirez<\/a>, 2026 Del. Super. LEXIS 117 (Mar. 10, 2026).<\/p>\n\n\n\n<p>Plaintiff\u2019s claim including fraudulently obtaining a search warrant was barred by claim preclusion. The same claim had been litigated in state court with the same parties. Ramachandran v. City of Los Altos, 2026 U.S. App. LEXIS 6995 (9th Cir. Mar. 10, 2026).*<\/p>\n\n\n\n<p>There was sufficient nexus between the offense under investigation and defendant\u2019s motel room and car. Additional facts learned from the motel room search supported the car search. State v. Harris, 2026-Ohio-801 (4th Dist. Mar. 5, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court held the warrant for defendant\u2019s cell phone was a general warrant for overbreadth but the independent source doctrine saved the second search warrant after the first search. \u201cAll Delaware Superior Court cases addressing the instant issue support &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63529\">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":[105,60,126,38],"tags":[],"class_list":["post-63529","post","type-post","status-publish","format-standard","hentry","category-general-warrant","category-independent-source","category-issue-preclusion","category-nexus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63529","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=63529"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63529\/revisions"}],"predecessor-version":[{"id":63530,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63529\/revisions\/63530"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63529"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63529"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63529"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}