Attenuation Doctrine

177 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Engle v. State
  391 So. 2d 245· Fla. 5th DCA· 1980-11-26 ·cited 25×
  Kerry Engle and Rex Hall challenged their convictions for carrying concealed firearms, arguing the weapons were discovered through illegal warrantless searches and seizures of their motel room. The appellate court agreed, finding no exception to the warrant requirement applied an
• United States v. Carson
  793 F.2d 1141· 10th Cir.· 1986-06-09 ·cited 24×
  Evidence obtained from a voluntary consent search is admissible even if preceded by illegal police action, provided the consent is sufficiently distinguishable from the initial illegality.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• Lebron v. State
  135 So. 3d 1040· Fla.· 2014-01-30 ·cited 22×
  Jermaine Lebrón appeals the denial of his motion to vacate his conviction and death sentence for the 1995 murder and robbery of Larry Neal Oliver. The Florida Supreme Court affirms the postconviction court's denial of all claims of ineffective assistance of counsel during both gu
• United States v. Ward
  961 F.2d 1526· 10th Cir.· 1992-04-22 ·cited 22×
  The court held that the initial encounter between law enforcement and the defendant on the train constituted an unlawful seizure under the Fourth Amendment, and therefore, the evidence discovered and statements made thereafter were tainted and should have been suppressed.
• State v. Cleo D. LeCROY and Jon M. LeCroy
  461 So. 2d 88· Fla.· 1984-12-13 ·cited 22×
  The Florida Supreme Court answered a certified question of great public importance regarding whether a "refresher" advice—explaining that a statement is taken to refresh memory for future testimony—renders a Miranda-warned confession legally involuntary. The Court held that such
• Allen v. Hoyt C. Cupp
  426 F.2d 756· 9th Cir.· 1970-04-30 ·cited 22×
  A confession is not a product of an illegal arrest if the police did not exploit the illegal arrest and the confession was obtained through means sufficiently distinguishable from the illegal detention.
• Frierson v. State
  851 So. 2d 293· Fla. 4th DCA· 2003-08-06 ·cited 21×
  Frierson was stopped for failing to signal a left turn and driving with a cracked taillight lens, despite no other vehicle being affected and the taillight functioning properly. Although an arrest warrant issued from an earlier incident (where an imposter had used Frierson's iden
• Reed Wayne Hamilton v. Crispus NIX
  809 F.2d 463· 8th Cir.· 1987-01-12 ·cited 21×
  The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
• Satchell v. Cardwell
  653 F.2d 408· 9th Cir.· 1981-08-10 ·cited 21×
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated by his attorney's failure to file a motion to suppress evidence, as the attorney's actions were within the bounds of reasonably competent representation and the entry wa
• United States v. Dudley Lee Berry
  636 F.2d 1075· 5th Cir.· 1981-02-13 ·cited 21×
  The court held that the initial encounter was not a seizure, and reasonable suspicion existed at the time of the subsequent seizure, thus the denial of the motion to suppress was proper.
• United States v. Margarito O. Romero
  585 F.2d 391· 9th Cir.· 1978-08-16 ·cited 20×
  The dissenting judge would reverse the decision, arguing that suppressed evidence, even if returned to the state, should remain immune from federal seizure while in state hands.
• Gov't OF the Canal Zone v. Godofredo Gomez
  566 F.2d 1289· 5th Cir.· 1978-02-06 ·cited 20×
  The court held that the government failed to meet its heavy burden to demonstrate that the defendant knowingly and intelligently waived his right to counsel after requesting an attorney, thus the confession was inadmissible.
• Jetmore v. State
  275 So. 2d 61· Fla. 4th DCA· 1973-03-16 ·cited 20×
  David Jetmore appealed the trial court's denial of his motion to suppress a written confession obtained after his arrest for breaking and entering. The Fourth District Court of Appeal affirmed, holding that even assuming the arrest and vehicle search were illegal, the confession
• United States v. Abdon Delgadillo-Velasquez
  856 F.2d 1292· 9th Cir.· 1988-09-01 ·cited 19×
  The court held that the initial seizure constituted an arrest without probable cause, and subsequent consent to search was tainted by the illegal arrest, requiring suppression of all evidence.
• United States v. Miller
  608 F.2d 1089· 5th Cir.· 1979-12-28 ·cited 19×
  The court held that moving the vehicle off the highway was reasonable, the discovery of the pistol and rifle was lawful under the plain view doctrine and voluntary disclosure, and that the defendant's identity could be proven through independent sources untainted by the seizure o
• United States v. Cherry
  794 F.2d 201· 5th Cir.· 1986-07-14 ·cited 18×
  The court held that the murder weapon was properly admitted into evidence because the defendant's consent to search was not tainted by his illegal arrest and was voluntarily given, and the discovery of the weapon was not an inadmissible fruit of a Miranda violation.
• Smith v. State
  438 So. 2d 10· Fla. 2d DCA· 1983-05-25 ·cited 18×
  Smith and Wagner appealed their convictions for possession of over 100 pounds of marijuana with firearms, challenging the denial of their motion to suppress evidence obtained through wiretap intercepts. The court affirmed the convictions, finding the first wiretap valid and rejec
• United States v. Wellins
  654 F.2d 550· 9th Cir.· 1981-08-24 ·cited 18×
• Busch v. State
  392 So. 2d 272· Fla. 1st DCA· 1980-11-17 ·cited 18×
  On remand from the U.S. Supreme Court following Payton v. New York, the court considers whether a warrantless, nonconsensual entry into Busch's home violated the Fourth Amendment and whether his resulting confession must be suppressed. The court remands for further factual findin
• State v. Rheiner
  297 So. 2d 130· Fla. 2d DCA· 1974-07-03 ·cited 18×
  Florida appealed a trial court order suppressing statements and evidence from the arrest of Rheiner for breaking and entering with intent to commit larceny. The court held the arrest was illegal because it was based solely on the suspicious appearance of bicycles protruding from
• Hale v. Henderson
  485 F.2d 266· 6th Cir.· 1973-10-05 ·cited 18×
  The court held that discrimination in the selection of a grand jury foreman pro tempore does not warrant quashing an indictment without a showing of prejudice.
• United States v. Strickland
  493 F.2d 182· 5th Cir.· 1974-04-26 ·cited 17×
  The court held that incriminating statements made by the defendant to a detective were voluntary and admissible, and that his subsequent grand jury testimony was not the fruit of illegally obtained statements.
• State v. Griffith
  500 So. 2d 240· Fla. 3d DCA· 1986-12-09 ·cited 16×
  The state appealed the trial court's suppression of a juvenile victim's testimony in a sexual battery case. The appellate court reversed, holding that the victim's testimony was admissible under the independent source doctrine despite the police's unlawful search of the defendant
• United States v. Swayne
  700 F.2d 467· 8th Cir.· 1983-02-25 ·cited 16×
  The dissenting judge holds that the DEA agents lacked probable cause to arrest Swayne, making the seizure of evidence and his inculpatory statement inadmissible.
• United States v. Ali Asghar Taheri
  648 F.2d 598· 9th Cir.· 1981-06-01 ·cited 16×
  The court held that evidence obtained from an initial unlawful search and subsequent arrest based on that evidence is inadmissible, even if consent to search was given after arrest.
• Hayes v. State
  488 So. 2d 77· Fla. 2d DCA· 1986-01-29 ·cited 15×
  On remand from the U.S. Supreme Court after Hayes v. Florida reversed the initial conviction on Fourth Amendment grounds, the Florida appellate court held that the defendant's fingerprints were properly admissible under the inevitable discovery and independent source exceptions t
• United States v. Mergist
  738 F.2d 645· 5th Cir.· 1984-07-26 ·cited 14×
  The court held that the trial court's failure to hold an evidentiary hearing on the voluntariness of accomplice testimony was harmless error, and the admission of extrinsic offense evidence was proper in a conspiracy case where intent remained a material issue.
• United States v. Beacon Fed. Sav. & Loan
  718 F.2d 49· 2d Cir.· 1983-09-21 ·cited 14×
  The court held that a fourth amendment violation can bar the enforcement of an IRS summons, and that suppression of evidence in a subsequent criminal proceeding is not an adequate remedy for such a violation in the context of a summons enforcement action.
• United States v. Rubalcava-Montoya
  597 F.2d 140· 9th Cir.· 1978-08-22 ·cited 14×
  The court held that the testimony of witnesses discovered as a result of an illegal search was not sufficiently attenuated from the illegality to be admissible, requiring reversal of convictions.
• United States v. Kelly
  547 F.2d 82· 8th Cir.· 1977-01-04 ·cited 14×
  The court held that the initial warrantless search of the rental car was unreasonable under the Fourth Amendment, and the derivative evidence obtained from a subsequent illegal search should also be suppressed.
• State v. Gifford
  558 So. 2d 444· Fla. 4th DCA· 1990-02-28 ·cited 13×
  The Fourth District Court of Appeal reversed a trial court's suppression order, holding that although an initial arrest based on a void warrant was unlawful, a subsequent lawful arrest based on independent probable cause for a sexual offense purged any taint from the initial ille
• State v. Maier
  378 So. 2d 1288· Fla. 3d DCA· 1979-12-28 ·cited 13×
  Florida and Busiello appeal from a trial court's suppression of eyewitness identifications following an illegal seizure of jewelry in an unrelated jurisdiction. The court holds that the connection between the illegal seizure and the identifications became so attenuated that the i
• State v. Dickey
  203 So. 3d 958· Fla. 1st DCA· 2016-10-13 ·cited 12×
  Florida appeals the suppression of cocaine found on Dickey following a search incident to arrest on an outstanding warrant. The court affirms suppression, holding that the taint of the deputy's unlawful detention and seizure was not purged by discovery of the warrant because the
• State v. Barnes
  979 So. 2d 991· Fla. 4th DCA· 2008-02-13 ·cited 12×
  The State appealed the trial court's suppression of all evidence from an illegal pat-down frisk of a bicycle rider. The court held that while the frisk was illegal, an outstanding arrest warrant constituted an intervening circumstance that purged the taint of illegality as to evi
• Walker v. State
  741 So. 2d 1144· Fla. 4th DCA· 1999-07-14 ·cited 12×
  The court held that the arrest was unlawful because the officer lacked probable cause to believe the defendant constructively possessed the firearm, and the subsequent statements were tainted by the illegal arrest.
• United States v. Vest
  813 F.2d 477· 1st Cir.· 1987-03-09 ·cited 12×
  The court held that the exclusionary rule of 18 U.S.C. § 2515 applies to the government even if it is an innocent recipient of an illegally intercepted communication, and there is no exception for perjury prosecutions.
• State v. Madruga-Jiminez
  485 So. 2d 462· Fla. 3d DCA· 1986-03-11 ·cited 12×
  The Florida Supreme Court affirmed the suppression of all statements made by Jorge Madruga-Jiminez during an arrest and interrogation for murder. Officer Fernandez conducted an unwarned custodial interrogation for over 90 minutes before advising Miranda rights, using deliberately
• Carnejo-Molina v. Immigr. & Naturalization Serv.
  649 F.2d 1145· 5th Cir.· 1981-07-08 ·cited 12×
  The court held that any Fourth Amendment violation by the INS officer was attenuated by the petitioner's subsequent confession and admissions, and that the waiver of deportability was inapplicable. The denial of voluntary departure was not an abuse of discretion.
• United States v. Smith
  649 F.2d 305· 5th Cir.· 1981-06-30 ·cited 12×
  The court held that the initial police contact with the appellant was not a seizure under the Fourth Amendment, and the subsequent search was valid based on voluntary consent.
• Luna v. State
  154 So. 3d 1181· Fla. 4th DCA· 2015-01-07 ·cited 11×
  Carlos Luna appealed his drug conviction, challenging the trial court's denial of his motion to suppress evidence obtained via search warrant. Luna claimed the warrant affidavit was defective because it omitted an earlier illegal search of his home by a road patrol officer. The a
• Falls v. State
  953 So. 2d 627· Fla. 4th DCA· 2007-03-28 ·cited 10×
  Eugene Falls was arrested based on an outstanding warrant discovered during a consensual police encounter in an industrial park. He appealed the denial of his motion to suppress drugs found during a search incident to the arrest, arguing the initial encounter was an unlawful stop
• Messer v. State
  609 So. 2d 164· Fla. 2d DCA· 1992-12-09 ·cited 10×
  Steve Messer appealed the denial of his motion to suppress evidence of cocaine possession after a traffic stop. The court reversed, holding that the officer lacked reasonable suspicion to stop Messer's vehicle because he observed only ambiguous arm movements without seeing any ac
• United States v. Pierre
  958 F.2d 1304· 5th Cir.· 1992-04-13 ·cited 10×
  The en banc court held that even if the agent's actions constituted a search, it was reasonable under the Fourth Amendment, and the evidence obtained was admissible. The court also found sufficient evidence to support the convictions and no plain error in the prosecutor's argumen
• Libby v. State
  561 So. 2d 1253· Fla. 2d DCA· 1990-05-18 ·cited 10×
  Susan Jones Libby was arrested after police stopped her car in a known drug area and discovered an outstanding warrant. The trial court denied her motion to suppress evidence and statements obtained from the illegal stop, but the appellate court reversed, holding that the initial
• United States v. Timberlake
  896 F.2d 592· D.C. Cir.· 1990-02-23 ·cited 10×
  The court held that the officers' warrantless entry into the apartment was unreasonable and not justified by exigent circumstances, and that any subsequent consent to search was tainted by the illegal entry.
• United States v. Fisher
  700 F.2d 780· 2d Cir.· 1983-02-01 ·cited 10×
  The court held that the evidence used for conviction was derived from independent sources, not from the defendant's allegedly involuntary statements, and thus the conviction stands.
• Leon v. State
  410 So. 2d 201· Fla. 3d DCA· 1982-02-23 ·cited 10×
  Leon was convicted of kidnapping and firearm possession after confessing to police. He appealed arguing his confessions should be suppressed due to police threats and violence used during arrest. The Florida District Court of Appeal affirmed, holding that the initial coercion at
• United States v. Tookes
  633 F.2d 712· 5th Cir.· 1980-12-29 ·cited 10×
  An illegal arrest tainted the discovery of the firearm, and the evidence should have been suppressed.
• United States v. Walker
  535 F.2d 896· 5th Cir.· 1976-07-23 ·cited 10×
  The court held that the validity of the search depends on the legality of the second arrest, not the first, and that the second arrest was based on probable cause, making the search lawful.