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S.D.Ohio: Search of house was attenuated from defendant's arrest on invalid state arrest warrant

By John Wesley Hall, Jr.

Defendant's arrest was based on an invalid state warrant that clearly failed to show probable cause. Thus, the court had to determine whether the arrest was valid as a warrantless arrest. There was probable cause for the arrest, but Payton was implicated. The exclusionary rule would not be applied, however, because the search was attenuated from the unlawful arrest. United States v. Alfaro, 2008 U.S. Dist. LEXIS 105535 (S.D. Ohio December 24, 2008): Considering these factors, the Court notes that there were no significant intervening circumstances in the instant case. Nor did a significant amount of time pass between Alfaro's arrest and his grant of consent. However, the Court finds that in the instant case, the remaining two factors tilt the scales toward finding that the causal chain was broken...continue to full post

Full post as published by Fourth Amendment on January 06, 2009 (boomark / email).