Attenuation Doctrine

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

• United States v. West
  453 F.2d 1351· 3d Cir.· 1972-01-21 ·cited 10×
  The court held that a defendant has standing to suppress evidence seized from a third party's property if possession of the item is an element of the offense, and that a search of one's own property, even if prompted by police, is not an unconstitutional search.
• Babula v. Immigr. & Naturalization Serv.
  665 F.2d 293· 3d Cir.· 1981-11-25 ·cited 9×
  The court held that even if the Fourth Amendment was violated, the petitions for review should be dismissed because the evidence obtained later was sufficiently attenuated from the initial alleged violation.
• Moncrieffe v. State
  55 So. 3d 736· Fla. 4th DCA· 2011-03-16 ·cited 8×
  Fabian Moncrieffe was convicted of escape after fleeing from police custody at a hospital. The Florida Fourth District Court of Appeal reversed his conviction because the Lauderhill Police Department lacked jurisdiction to arrest him in Sunrise, meaning he was never in their lawf
• United States v. Dock Richardson
  949 F.2d 851· 6th Cir.· 1991-11-20 ·cited 8×
  The court held that placing Richardson in a police car after he refused to consent to a search constituted an illegal arrest without probable cause, which tainted his subsequent consent to search.
• United States v. Johns
  891 F.2d 243· 9th Cir.· 1989-12-07 ·cited 8×
  The court held that marijuana seized must be suppressed as fruit of the poisonous tree because the illegally obtained identification of the defendant significantly directed the investigation that led to the marijuana.
• Alberty v. State
  536 So. 2d 283· Fla. 3d DCA· 1988-12-06 ·cited 8×
  Richard Alberty appeals the trial court's decision suppressing cocaine found at his arrest scene but admitting cocaine found at his residence. The court holds that officers lacked reasonable suspicion to stop Alberty's vehicle, making all evidence fruit of an illegal stop that mu
• United States v. Josan Wolf Patino
  862 F.2d 128· 7th Cir.· 1988-11-10 ·cited 8×
  The court held that the defendant's second confession, made six days after an illegal search and her first confession, was admissible because sufficient time and intervening circumstances purged the taint of the initial illegality.
• United States v. Namer
  835 F.2d 1084· 5th Cir.· 1988-01-04 ·cited 8×
  The court held that evidence derived from an illegal search was admissible under the independent source, attenuation, and inevitable discovery exceptions to the exclusionary rule, and that any prosecutorial misconduct in closing arguments was harmless error.
• United States v. Blum
  614 F.2d 537· 6th Cir.· 1980-01-30 ·cited 8×
  The court held that the defendant's initial statement and subsequent confession were inadmissible because they were obtained in violation of his Fourth and Fifth Amendment rights.
• United States v. Perez-Castro
  606 F.2d 251· 9th Cir.· 1979-08-31 ·cited 8×
  Statements made by the appellant after an illegal arrest should have been suppressed as they were not sufficiently attenuated from the illegal act.
• United States v. Llewellyn McGAVIC
  337 F.2d 317· 6th Cir.· 1964-10-06 ·cited 8×
  The court held that the defendant's statements made to a federal agent were admissible, despite being made after an illegal arrest, because the taint of the illegal arrest had dissipated.
• Wells v. State
  975 So. 2d 1235· Fla. 4th DCA· 2008-03-12 ·cited 6×
  David Wells was illegally stopped by police who discovered $240 and a crack pipe in his car. Although the initial stop violated the Fourth Amendment, the court upheld the admission of testimony from Eric Thompson, a witness discovered through an independent investigative chain in
• United States v. Pierre
  932 F.2d 377· 5th Cir.· 1991-05-21 ·cited 6×
  The court held that an agent's insertion of his head into a vehicle constitutes a Fourth Amendment search, and consent to search luggage does not automatically purge the taint of a prior illegal search if intervening circumstances are lacking.
• United States v. Hamilton
  931 F.2d 1046· 5th Cir.· 1991-05-13 ·cited 6×
  The court held that the defendant did not have a reasonable expectation of privacy in marijuana buried in a washing machine on property not owned by him, and that the money laundering statute applied to domestic mailings of drug proceeds.
• Alvarado v. State
  466 So. 2d 335· Fla. 2d DCA· 1985-02-27 ·cited 6×
  Henry Alvarado was convicted of burglary/assault and sexual battery. On appeal, he challenged the trial court's denial of his motion to suppress evidence obtained from a warrantless search of his apartment and statements made after a warrantless arrest. The court found the initia
• United States v. Kandik
  633 F.2d 1334· 9th Cir.· 1980-12-15 ·cited 6×
  The court held that the defendant was not entitled to a hearing to show that trial testimony was tainted by an illegal search, as he failed to establish a sufficient connection.
• Shayne v. State
  384 So. 2d 711· Fla. 3d DCA· 1980-06-03 ·cited 6×
  Defendant Shayne was convicted based on legally recorded telephone conversations about illegal bookmaking. He appealed arguing the evidence should be suppressed as derived from an earlier illegally recorded call, but the court rejected the derivative evidence argument, finding th
• United States v. Quintana
  594 F. Supp. 2d 1291· M.D. Fla.· 2009-01-20 ·cited 4×
  The court adopted the magistrate judge's recommendation to suppress evidence found at the defendant's residence, finding the initial entry and subsequent cell phone search unlawful.
• Baker v. State
  793 So. 2d 69· Fla. 4th DCA· 2001-07-25 ·cited 4×
  The court held that the appellant's theft of the truck was not too attenuated from the fatal collision to support his felony murder conviction, affirming the denial of post-conviction relief.
• Guido Perez v. State
  781 So. 2d 1178· Fla. 3d DCA· 2001-04-11 ·cited 4×
  Guido Perez appeals his convictions for sexual battery and lewd and lascivious assault, challenging the admissibility of statements made after Miranda warnings based on alleged taint from pre-Miranda statements. The court holds that the post-Miranda statements are admissible beca
• State v. Maloy
  697 So. 2d 1242· Fla. 2d DCA· 1997-07-11 ·cited 4×
  Florida appealed the suppression of statements made by Virgil Maloy following his unlawful arrest. Although the trial court correctly found the arrest was unlawful, the appellate court reversed, holding that intervening events between the arrest and confession sufficiently attenu
• United States v. Padilla
  960 F.2d 854· 9th Cir.· 1992-04-01 ·cited 4×
  The court held that the Simpsons and Xavier Padilla had standing to contest the search due to their joint control and participation in the drug operation, while Jorge and Maria Padilla's standing required further factual findings. Warren Strubbe lacked standing as a mere passive
• Talley v. State
  581 So. 2d 635· Fla. 2d DCA· 1991-06-12 ·cited 4×
  A confession obtained shortly after an illegal search and seizure is tainted and must be suppressed, even if Miranda warnings were given.
• United States v. Braj Nandan Singh
  811 F.2d 758· 2d Cir.· 1987-02-09 ·cited 4×
  The court held that the warrantless entry into and search of the warehouse violated the Fourth Amendment, and no exception to the exclusionary rule justified the refusal to suppress the unlawfully seized evidence.
• Logan v. Capps
  525 F.2d 937· 5th Cir.· 1976-01-12 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without a full development of facts regarding whether the confession was a product of illegal detention.
• State v. Crebo
  347 So. 3d 533· Fla. 2d DCA· 2023-06-09 ·cited 3×
  The State of Florida appealed a trial court's order suppressing four statements made by Donald John Crebo to law enforcement. The appellate court reversed in part, holding that the first statement was not fruit of the poisonous tree because it was made before the allegedly unlawf
• State v. H.D.
  113 So. 3d 917· Fla. 2d DCA· 2013-01-25 ·cited 3×
  The State appeals a trial court's suppression of cocaine evidence found on H.D. after police initiated a BOLO based on an uncorroborated anonymous drug tip. The appellate court reversed, holding that H.D.'s intervening trespass on private property while fleeing from an officer pu
• D.S. v. State
  106 So. 3d 991· Fla. 1st DCA· 2013-02-18 ·cited 2×
  A juvenile appeals his conviction for resisting a law enforcement officer without violence after police detained him during an investigation at a residence. The appellate court affirmed, holding that police had reasonable suspicion to detain the appellant based on a legitimate ch
• Moser v. State
  763 So. 2d 1165· Fla. 4th DCA· 2000-01-19 ·cited 2×
  Travis Moser appeals his conviction for first-degree murder with a firearm and attempted robbery with a firearm while wearing a mask, challenging the trial court's denial of his motion to suppress his January 13, 1996 confession. The Fourth District Court of Appeal affirms, holdi
• Pierson v. O'Leary
  959 F.2d 1385· 7th Cir.· 1992-04-06 ·cited 2×
  The court held that prosecutorial misconduct and the admission of victim impact evidence did not deny the defendant due process, and that federal habeas corpus relief was unavailable for Fourth Amendment claims due to the state's opportunity for full and fair litigation. The cour
• United States v. Miranda-Enriquez
  941 F.2d 1081· 10th Cir.· 1991-08-12 ·cited 2×
  The court held that the border patrol agent lacked reasonable suspicion to stop the defendant's vehicle, rendering the subsequent search illegal.
• United States v. Sheppard
  901 F.2d 1230· 5th Cir.· 1990-05-14 ·cited 2×
  The court held that the consent to search and the defendant's flight did not sufficiently attenuate the connection between the initial unconstitutional intrusion and the discovery of evidence.
• United States v. Clark
  891 F.2d 501· 4th Cir.· 1989-12-12 ·cited 2×
  The court held that a defendant's repeated denials of ownership of a suitcase preclude him from asserting a Fourth Amendment privacy interest in its contents, even if the detention of the suitcase ripened into a de facto arrest.
• State v. Jacobson
  398 So. 2d 857· Fla. 3d DCA· 1981-04-28 ·cited 2×
  The Florida appellate court reversed a suppression order in a drug trafficking case, holding that even if the initial airport stop of the defendant was illegal, the evidence (cocaine found on his person) was admissible because the causal chain between the illegality and the seizu
• United States v. Farese
  611 F.2d 67· 5th Cir.· 1980-01-21 ·cited 2×
  The court held that the defendant must be granted an opportunity to demonstrate that the factual basis for the government's motion to revoke his bond was tainted by illegal electronic surveillance.
• United States v. Sanudo-Perez
  564 F.2d 1288· 9th Cir.· 1977-11-21 ·cited 2×
  The court held that the collective information known to the surveilling officers was sufficient to establish probable cause for the arrest, and thus the denial of the motion to suppress was proper.
• United States v. Cassity
  471 F.2d 317· 6th Cir.· 1972-12-28 ·cited 2×
  The court held that the statute does not require the firearm to be moving in interstate commerce and that testimony derived from a prior illegal arrest can be admissible if the taint is attenuated.
• State v. Thomas
  207 So. 3d 928· Fla. 1st DCA· 2016-11-02 ·cited 1×
  The State petitioned for certiorari review after a trial court denied its motion to reconsider a suppression ruling based on the law of the case doctrine. The appellate court held that because the specific legal issue presented by the State—whether officers acted under an objecti
• Walker v. State
  Fla. 4th DCA· 2024-09-18
  Terrance Walker appeals his convictions for second-degree murder and grand theft auto, challenging the trial court's denial of his motion to suppress statements allegedly obtained through illegal cell-site location information (CSLI) tracking. The appellate court affirms, finding
• v. ID No. 2302010297 Robert Franks
  Del. Super. Ct.· 2024-08-01
  The Delaware Superior Court granted in part and denied in part Defendant Robert Franks' motion to suppress evidence. The court held that the warrantless entry into the residence was unconstitutional, rendering the physical evidence seized inadmissible as fruit of the poisonous tr
• State v. Waiters
  Fla. 2d DCA· 2022-09-23
  Section 893.21(2) requires proximate causation, not "but for" causation, to establish immunity from prosecution for drug-related offenses. An outstanding arrest warrant constitutes an intervening, superseding cause that severs the causal connection between seeking medical assista
• Marquese D. Goodman v. State
  Fla. 2d DCA· 2019-09-27
  The officer lacked probable cause to arrest Goodman for resisting without violence because the initial command to stop was nonverbal and ambiguous, Goodman immediately complied when given a verbal command, and there was no evidence he knowingly refused to stop. The officer also l
• Hansis Antonio Collado v. State
  208 So. 3d 802· Fla. 3d DCA· 2016-12-28
  A defendant appeals a trial court's denial of his motion to suppress physical evidence and post-Miranda statements obtained during a sexual battery investigation. The appellate court affirmed, holding that law enforcement's warrantless entry was justified by exigent circumstances
• State v. M.R.
  100 So. 3d 272· Fla. 3d DCA· 2012-11-14
  The State appeals the trial court's suppression of marijuana evidence and M.R.'s statements following his arrest for drug possession near a school. The court reversed the suppression of the physical evidence, finding probable cause existed for the arrest based on the officer's ob
• Fant v. State
  72 So. 3d 784· Fla. 5th DCA· 2011-10-14
  The court held that the evidence seized from Fant on January 10, 2006, must be suppressed because it was the fruit of an illegal search conducted on October 5, 2005.
• United States v. Bergin
  732 F. Supp. 2d 1235· M.D. Fla.· 2010-08-06
  The court held that while a second warrantless entry by Deputy Canfield to confirm observations violated the Fourth Amendment, the initial lawful observations were not tainted. The court also found that the existence of a safe, known to investigators, did not necessitate a findin
• Lopez-Vazquez
  Del.· 2008-08-29
  The Superior Court erred in denying the motion to suppress evidence obtained as a result of an illegal stop. The court found that the police lacked reasonable and articulable suspicion to seize the defendant, rendering his subsequent consent to search tainted. Therefore, the judg
• State v. Austin
  933 So. 2d 1242· Fla. 3d DCA· 2006-07-19
• Stone v. First Union Corp.
  1994 WL 874368· S.D. Fla.· 2003-07-01
  The court denied plaintiffs' motion for leave to amend their complaint, finding that the new evidence presented was insufficient to meet the 'similarly situated' standard required for a collective action under 29 U.S.C. § 216(b), and thus any amendment would be futile.
• United States v. Hernandez
  214 F. Supp. 2d 1344· S.D. Fla.· 2002-07-25
  The court held that the warrantless search of the defendant's home was unconstitutional because neither exigent circumstances nor voluntary consent justified the entry.