{"id":48422,"date":"2021-05-15T14:28:51","date_gmt":"2021-05-15T19:28:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48422"},"modified":"2021-05-16T10:09:39","modified_gmt":"2021-05-16T15:09:39","slug":"ny2-defs-driving-over-the-officers-legs-and-ankles-was-attenuated-from-his-alleged-illegal-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48422","title":{"rendered":"NY2: Def&#8217;s driving over officer\u2019s legs and ankles was attenuated from his alleged illegal stop"},"content":{"rendered":"\n<p>Defendant driving over the officer\u2019s legs and ankles was attenuated from his alleged illegal stop. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_03048.htm\">People v. Contreras<\/a>, 2021 NY Slip Op 03048, 2021 N.Y. App. Div. LEXIS 3144 (2d Dept. May 12, 2021).<\/p>\n\n\n\n<p>\u201cThe County Court properly found that the defendant failed to meet his burden to establish that the police detective who prepared the search warrant application made false statements knowingly and intentionally or with reckless disregard for the truth \u2026. Although the informant testified that he did not make certain statements that the detective attributed to him in the warrant application, the court found that his testimony was not credible. Moreover, the court credited the testimony of the detective.\u201d <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_03045.htm\">People v. Burbridge<\/a>, 2021 NY Slip Op 03045, 2021 N.Y. App. Div. LEXIS 3172 (2d Dept. May 12, 2021).*<\/p>\n\n\n\n<p>The government said it will not use the search of defendant\u2019s phone at trial, so that\u2019s moot. It will however, use the observations of the open phone which are found obtained by consent. United States v. Adams, 2021 U.S. Dist. LEXIS 90477 (N.D. Ga. May 12, 2021).*<\/p>\n\n\n\n<p>\u201cBecause Burton&#8217;s motion is untimely and the Ninth Circuit has already held that these records, when properly collected pre-Carpenter, are not subject to the exclusionary rule, I deny Burton&#8217;s motion.\u201d United States v. Burton, 2021 U.S. Dist. LEXIS 90598 (D. Nev. May 12, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant driving over the officer\u2019s legs and ankles was attenuated from his alleged illegal stop. People v. Contreras, 2021 NY Slip Op 03048, 2021 N.Y. App. Div. LEXIS 3144 (2d Dept. May 12, 2021). \u201cThe County Court properly found that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48422\">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":[75,24,11,129],"tags":[],"class_list":["post-48422","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-consent","category-good-faith-exception","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48422","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=48422"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48422\/revisions"}],"predecessor-version":[{"id":48427,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48422\/revisions\/48427"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48422"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48422"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}