Search and Seizure — independent source doctrine

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United States Court of Appeals

Criminal

Search and Seizure — independent source doctrine

Evidence initially obtained illegally was properly admitted, where independently obtained evidence supported a search warrant to obtain it.

“These facts are sufficient to establish the necessary basis to subpoena cell phone records, and they were derived entirely independent of the search of Moody’s cell phone in 2007. This is more than adequate to satisfy the requirements of Markling. Even if Moody’s cell phone had not been searched in 2007, law enforcement still would have arrested Moody and Gutierrez after observing their meeting at the truck stop in 2009. Following their arrest, law enforcement would have subpoenaed their cell phone records as part of the normal course of proceedings to build a case against Moody and Gutierrez, which they did here. The records showed not only the calls made in 2009, but also the calls made in 2007 that were initially uncovered by Detective Rogers’s search. From these legally obtained records, investigators were able to trace the full extent of the relationship between Moody and Gutierrez, and establish that they were involved in a continuing methamphetamine conspiracy for over two years.”

12-14-11

Affirmed.

10-3924 U.S. v. Moody

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Manion, J.