An alleged violation of Florida law in defendant\u2019s arrest there with the participation of local law enforcement isn\u2019t shown to be a Fourth Amendment violation. \u201cAnd Teman has not cited any authority so holding or, for that matter, treating such a state-law violation as breaching any other provision of the federal Constitution. Second, the inevitable discovery exception to the Fourth Amendment’s exclusionary rule would firmly apply here to the evidence seized incident to Teman’s arrest, given that federal officers clearly would have lawfully obtained such evidence without Alessandrino\u2014they had obtained a valid federal warrant and were present to effectuate Teman’s arrest pursuant to that warrant. … Third, Teman has not alleged facts making Detective Alessandrino’s participation in the arrest alongside federal law enforcement officers, if a violation at all of Florida law, anything other than a good faith violation. Absent a factual basis to find otherwise, the good-faith exception to the exclusionary rule …, would apply here.\u201d United States v. Teman, 2019 U.S. Dist. LEXIS 220053 (S.D. N.Y. Dec. 20, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"
An alleged violation of Florida law in defendant\u2019s arrest there with the participation of local law enforcement isn\u2019t shown to be a Fourth Amendment violation. \u201cAnd Teman has not cited any authority so holding or, for that matter, treating such … Continue reading