{"id":41705,"date":"2020-01-11T08:42:34","date_gmt":"2020-01-11T13:42:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41705"},"modified":"2020-01-12T08:08:40","modified_gmt":"2020-01-12T13:08:40","slug":"co-after-first-sw-for-cell-phone-was-suppressed-for-franks-violation-second-was-valid-with-independent-source","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41705","title":{"rendered":"CO: After first SW for cell phone was suppressed for Franks<\/em> violation, second was valid with independent source"},"content":{"rendered":"

Defendant was subjected to two search warrants for his cell phones in possession of the police. A motion to suppress the first search was granted because the officer recklessly included false information that deprived it of probable cause. The police got a second search warrant not including anything in the affidavit that was learned from the first, and this was sustained based on the independent source doctrine. People v. Dominguez-Castor<\/a>, 2020 COA 1, 2020 Colo. App. LEXIS 12 (Jan. 2, 2020).<\/p>\n

When defendant admitted he was armed, the officer made the \u201csplit second decision\u201d to frisk him, and it was all with reasonable suspicion. United States v. Hunter<\/a>, 2020 U.S. App. LEXIS 541 (11th Cir. Jan. 9, 2020).*<\/p>\n

Defendant didn\u2019t object to the search of his car at trial so it\u2019s waived. On what record there is, it appears reasonable under the automobile exception. Borne v. State<\/a>, 2020 Tex. App. LEXIS 85 (Tex. App. \u2013 Beaumont Jan. 8, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was subjected to two search warrants for his cell phones in possession of the police. A motion to suppress the first search was granted because the officer recklessly included false information that deprived it of probable cause. The police … Continue reading →<\/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":[60,35,96],"tags":[],"class_list":["post-41705","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41705","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=41705"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41705\/revisions"}],"predecessor-version":[{"id":41713,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41705\/revisions\/41713"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41705"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41705"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}