{"id":52726,"date":"2022-07-05T05:38:05","date_gmt":"2022-07-05T10:38:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52726"},"modified":"2022-07-05T05:38:05","modified_gmt":"2022-07-05T10:38:05","slug":"ca8-independent-source-justified-search-despite-illegal-protective-sweep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52726","title":{"rendered":"CA8: Independent source justified search despite illegal protective sweep"},"content":{"rendered":"\n

\u201cHerbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th Cir. 2021) (holding law enforcement’s protective sweep of Green’s apartment violated the Constitution). We remanded the case to the district court to make factual findings necessary to determine whether the independent source doctrine supported denial of Green’s motion to suppress. Id. at 694. After additional briefing and an evidentiary hearing, the district court found law enforcement would have requested and obtained a federal warrant to search the apartment notwithstanding the protective sweep. Based on this finding, we hold that the independent source doctrine justified the district court’s denial of suppression.\u201d United States v. Green<\/a>, 2022 U.S. App. LEXIS 18238 (8th Cir. July 1, 2022).*<\/p>\n\n\n\n

There is no reasonable expectation of privacy in the hash values on child porn images shared on a peer-to-peer network. Youngman v. State<\/a>, 2022 Fla. App. LEXIS 4522 (Fla. 2d DCA July 1, 2022).*<\/p>\n\n\n\n

Defendant\u2019s car was seemingly abandoned, opened and unlocked, at a boat ramp. The officer discovered a warrant for her and a dog sniffed the car not alerting. The car was seized and inventoried, and it was reasonable. State v. Ramos<\/a>, 2022 Ida. App. LEXIS 11 (July 1, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cHerbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … 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":[12,60,39,22],"tags":[],"class_list":["post-52726","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-independent-source","category-inventory","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52726","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=52726"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52726\/revisions"}],"predecessor-version":[{"id":52727,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52726\/revisions\/52727"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52726"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52726"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}