· 5/26/1993
United States v. D.K. Johnson
Citations
- 994 F.2d 980
- 1993 U.S. App. LEXIS 12446
- 1993 WL 178371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adding that, under such circumstances, \there [was] no reason why the independent source doctrine should not apply\
- finding that the independent source doctrine applied where the government began reviewing evidence under a mistaken belief it could do so
- Applying the independent source doctrine to illegally seized tapes where “[o]nce the district court expressed reservations about the legality of the review of the tapes, the government realized that a warrant was necessary.”
- \What is key is that [law enforcement's unlawful conduct] did not result in the government obtaining evidence it would not have otherwise obtained.\
- agents' decision to get warrant was prompted by the \obvious relevance\ of what might be on audiotape recordings, not by the agents' unlawfully listening to the recordings before getting a warrant
- “the warrant application was prompted not by the prior review but by the obvious relevance of the tapes and the district court’s indication that a warrant was necessary”
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Altimari, Mahoney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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