Officers forcibly arrested defendant and took him to the DEA office to obtain his consent, which is found invalid, as was his statement. \u201cAnd as noted above, the evidence suggests the agents’ unlawful actions, including the forcible manner of arrest and transporting defendant to the DEA, had an investigatory purpose and were designed to surprise or confuse defendant and thereby obtain information from him, rather than to secure his voluntary cooperation.\u201d Ultimately, however, a search warrant was obtained free of the taint of the consent and statement, and that warrant is not suppressed, but the rest is. United States v. Lindgren, 2013 U.S. Dist. LEXIS 4912 (D. Kan. January 11, 2013).<\/p>\n
GPS on defendant\u2019s car before Jones<\/a> was valid under Davis<\/a>. Alternatively, the government had a ping tracking warrant for his cell phone which is not contested. United States v. Orbegoso, 2013 U.S. Dist. LEXIS 5881 (D. Ariz. January 15, 2013).*<\/p>\n The search warrant for defendants\u2019 motel room was based on probable cause. Part of that was from a plain view of the contents of their car parked outside, which is not challenged. United States v. Medina, 2012 U.S. Dist. LEXIS 184369 (D. Minn. October 31, 2012) (R&R).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading