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Government showed independent source excusing warrantless entry

By John Wesley Hall, Jr.

While there was an exigentless entry into defendant's apartment finding child pornography, the government showed that it had an independent source and would have obtained a search warrant. Alternatively, the government showed inevitable discovery. United States v. Bonczek, 2008 U.S. Dist. LEXIS 87436 (S.D. N.Y. October 16, 2008)*: The Government has met its burden to show that the NYPD would have obtained a warrant even without the information confirmed by the illegal entry. Sergeant Minca knew he had a viable complaint from Mr. Vega when he asked Detective Ryan to come into Manhattan from his home in Orange County, 55 miles away, in order to obtain a search warrant. Indeed, that was Sergeant Minca's sole purpose in calling Detective Ryan into work...continue to full post

Full post as published by Fourth Amendment on October 31, 2008 (boomark / email).