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Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment

Article • May 15, 2025 • from CLN June, 2025

Filed under: Emergency Aid Doctrine, Exception to Warrant Requirement, Arrest Incident to Search, Motions To Suppress, Dwellings, Searches - Plain View, State Constitutional Claims, Fruit of the Poisonous Tree, Illegal Search

Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …

Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State

Article • January 15, 2023 • from CLN February, 2023

Filed under: Fruit of the Poisonous Tree, Suppression, Trading Drugs for a Gun

Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Eastern District of …

Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag

Article • December 15, 2020 • from CLN January, 2021

Filed under: Search and Seizure, Searches - Inventory, Fruit of the Poisonous Tree, Suppression

Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag. Kimberly Marie Nye was …

First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence

Article • April 15, 2020 • from CLN May, 2020

Filed under: Nexus between crime and property, Fruit of the Poisonous Tree

First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit affirmed the suppression of evidence seized from a suspected drug dealer’s home as fruit of the poisonous tree. Jamal Roman was alleged …