{"id":38221,"date":"2019-06-22T07:58:39","date_gmt":"2019-06-22T12:58:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38221"},"modified":"2019-06-22T07:58:39","modified_gmt":"2019-06-22T12:58:39","slug":"pa-id-made-as-a-result-of-warrantless-search-suppressed-but-that-which-was-seen-before-may-be-testified-to","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38221","title":{"rendered":"PA: ID made as a result of warrantless search suppressed, but that which was seen before may be testified to"},"content":{"rendered":"<p>An officer\u2019s identification made wholly as a result of a warrantless search renders that identification tainted and inadmissible. If, however, eyewitness identification of a defendant occurred prior to illegal conduct by law enforcement may be admissible, if based on observations that are independent of the taint of the subsequent unconstitutional search. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Supreme\/out\/J-93-2018mo%20-%2010403087766804728.pdf?cb=1\">Commonwealth v. Santiago<\/a>, 2019 Pa. LEXIS 3287 (June 18, 2019).<\/p>\n<p>Defendant\u2019s name was not on the Comcast IP account, although he lived at the address. He offers nothing to show standing in the account other than an attorney\u2019s assertion that they all used it with knowledge of the other, but that\u2019s not evidence. Moreover, he had no standing in the Comcast account third-party information. United States v. Barnes, 2019 U.S. Dist. LEXIS 102006 (W.D. Wash. June 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An officer\u2019s identification made wholly as a result of a warrantless search renders that identification tainted and inadmissible. If, however, eyewitness identification of a defendant occurred prior to illegal conduct by law enforcement may be admissible, if based on observations &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=38221\">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":[60,34,79],"tags":[],"class_list":["post-38221","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-standing","category-third-party-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38221","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38221"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38221\/revisions"}],"predecessor-version":[{"id":38222,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38221\/revisions\/38222"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}