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NE: Consent search of defendant's house was exploitation of prior illegality; it was objectively unreasonable

By John Wesley Hall, Jr.

The police conducted an illegal search of defendant’s house even with a signed consent form, and they exploited the prior illegality. Essentially, this search was clearly and objectively illegal. State v. Gorup, 279 Neb. 841, 2010 Neb. LEXIS 58 (May 14, 2010): We conclude that the district court incorrectly relied on the fact that Gorup did not see, and the police did not confront him with, the evidence Simones discovered during his illegal search before Gorup gave his consent to search again. This was not an intervening circumstance. Accepting this reasoning would permit officers to validate illegal searches and seizures by simply never confronting suspects with evidence they have illegally discovered or seized before obtaining their consent to search again...continue to full post

Full post as published by Fourth Amendment on May 18, 2010 (boomark / email).