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Eighth Circuit· 9/12/2008

United States v. Swope

Citations

  • 542 F.3d 609
  • 2008 U.S. App. LEXIS 19388
  • 2008 WL 4181152

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that although a search warrant application contained both facts and details of a prior illegal search, the warrant was nonetheless valid because untainted portions supported probable cause
  • holding -4- that even where a warrant application is tainted, a search is not unreasonable if untainted portions provide probable cause
  • applying independent source doctrine even though the warrant application contained illegally obtained information
  • apply- ing independent source doctrine even though the warrant application contained illegally obtained information
  • apply- ing independent source doctrine even though the warrant application contained illegally obtained information
  • “The exclusionary rule reaches not only primary evidence obtained as a direct result of an illegal search or seizure but also evidence later discovered and found to be derivative of an illegality or fruit of the poisonous tree.” (cleaned up

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Bowman, Hansen

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Swope

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.