Public Defense

US v. Garcia, No. 19-10073 (9-10-20)(Wardlaw w/Siler & M. Smith). The 9th suppresses evidence. The police conducted a warrantless search of a home, handcuffed the defendant, took him outside, and then ran his record. The police then learned he was in SR. So, back into the house they went, searched it, and found meth. The police tried to justify the first search for supposedly safety of others. The 9th didn?t buy it and sent it back to see if attenuation worked. That is, did the fact that he was on SR make it justifiable? Again, no. The actions of the police, the flagrancy, and the acts all lead to suppression.

Congrats to AFPD Jamie Moore, CHU, Az FPD (Phoenix).

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/09/10/19-10073.pdf

Full post as published by Ninth Circuit Blog on September 17, 2020 (boomark / email).