utah
strieff
argued
february
decided
june
narcotics
detective
douglas
fackrell
conducted
surveillance
south
salt
lake
city
residence
based
anonymous
tip
drug
activity
number
people
observed
making
brief
visits
house
course
week
made
suspicious
occupants
dealing
drugs
observing
respondent
edward
strieff
leave
residence
officer
fackrell
detained
strieff
nearby
parking
lot
identifying
asking
strieff
house
requested
strieff
identification
relayed
information
police
dispatcher
informed
strieff
outstanding
arrest
warrant
traffic
violation
officer
fackrell
arrested
strieff
searched
found
methamphetamine
drug
paraphernalia
strieff
moved
suppress
evidence
arguing
derived
unlawful
investigatory
stop
trial
denied
motion
utah
appeals
affirmed
utah
reversed
however
ordered
evidence
suppressed
held
evidence
officer
fackrell
seized
incident
strieff
arrest
admissible
based
application
attenuation
factors
brown
illinois
case
flagrant
police
misconduct
therefore
officer
fackrell
discovery
valid
untainted
arrest
warrant
attenuated
connection
unconstitutional
investigatory
stop
evidence
seized
incident
lawful
arrest
pp
primary
judicial
remedy
deterring
fourth
amendment
violations
exclusionary
rule
encompasses
primary
evidence
obtained
direct
result
illegal
search
seizure
relevant
evidence
later
discovered
found
derivative
illegality
segura
ensure
deterrence
benefits
outweighed
rule
substantial
social
costs
several
exceptions
rule
one
exception
attenuation
doctrine
provides
admissibility
connection
unconstitutional
police
conduct
evidence
sufficiently
remote
interrupted
intervening
circumstance
see
hudson
michigan
pp
threshold
matter
attenuation
doctrine
limited
defendant
independent
acts
doctrine
therefore
applies
intervening
circumstance
discovery
valid
untainted
arrest
warrant
assuming
without
deciding
officer
fackrell
lacked
reasonable
suspicion
stop
strieff
initially
discovery
arrest
warrant
attenuated
connection
unlawful
stop
evidence
seized
strieff
incident
arrest
pp
three
factors
articulated
brown
illinois
lead
conclusion
first
temporal
proximity
initially
unlawful
stop
search
favors
suppressing
evidence
officer
fackrell
discovered
drug
contraband
strieff
minutes
illegal
stop
contrast
second
factor
presence
intervening
circumstances
strongly
favors
state
existence
valid
warrant
predating
investigation
entirely
unconnected
stop
favors
finding
sufficient
attenuation
unlawful
conduct
discovery
evidence
warrant
authorized
officer
fackrell
arrest
strieff
arrest
authorized
search
strieff
incident
arrest
undisputedly
lawful
third
factor
purpose
flagrancy
official
misconduct
also
strongly
favors
state
officer
fackrell
negligent
errors
judgment
hardly
rise
purposeful
flagrant
violation
strieff
fourth
amendment
rights
unlawful
stop
conduct
lawful
indication
stop
part
systemic
recurrent
police
misconduct
pp
strieff
counterarguments
unpersuasive
first
neither
officer
fackrell
purpose
flagrancy
violation
rises
level
misconduct
warranting
suppression
officer
fackrell
purpose
conduct
suspicionless
fishing
expedition
gather
information
activity
inside
house
whose
occupants
legitimately
suspected
dealing
drugs
strieff
conflates
standard
illegal
stop
standard
flagrancy
requires
mere
absence
proper
cause
second
unlikely
prevalence
outstanding
warrants
lead
dragnet
searches
police
misconduct
expose
police
civil
liability
event
already
accounted
brown
purpose
flagrancy
factor
pp
ut
reversed
thomas
delivered
opinion
roberts
kennedy
breyer
alito
joined
sotomayor
filed
dissenting
opinion
ginsburg
joined
parts
ii
iii
kagan
filed
dissenting
opinion
ginsburg
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
utah
petitioner
edward
joseph
strieff
writ
certiorari
utah
june
justice
thomas
delivered
opinion
enforce
fourth
amendment
prohibition
unreasonable
searches
seizures
times
required
courts
exclude
evidence
obtained
unconstitutional
police
conduct
also
held
even
fourth
amendment
violation
exclusionary
rule
apply
costs
exclusion
outweigh
deterrent
benefits
cases
example
link
unconstitutional
conduct
discovery
evidence
attenuated
justify
suppression
question
case
whether
attenuation
doctrine
applies
officer
makes
unconstitutional
investigatory
stop
learns
stop
suspect
subject
valid
arrest
warrant
proceeds
arrest
suspect
seize
incriminating
evidence
search
incident
arrest
hold
evidence
officer
seized
part
search
incident
arrest
admissible
officer
discovery
arrest
warrant
attenuated
connection
unlawful
stop
evidence
seized
incident
arrest
case
began
anonymous
tip
december
someone
called
south
salt
lake
city
police
line
report
narcotics
activity
particular
residence
app
narcotics
detective
douglas
fackrell
investigated
tip
course
week
officer
fackrell
conducted
intermittent
surveillance
home
observed
visitors
left
minutes
arriving
house
visits
sufficiently
frequent
raise
suspicion
occupants
dealing
drugs
one
visitors
respondent
edward
strieff
officer
fackrell
observed
strieff
exit
house
walk
toward
nearby
convenience
store
store
parking
lot
officer
fackrell
detained
strieff
identified
asked
strieff
residence
part
stop
officer
fackrell
requested
strieff
identification
strieff
produced
utah
identification
card
officer
fackrell
relayed
strieff
information
police
dispatcher
reported
strieff
outstanding
arrest
warrant
traffic
violation
officer
fackrell
arrested
strieff
pursuant
warrant
officer
fackrell
searched
strieff
incident
arrest
discovered
baggie
methamphetamine
drug
paraphernalia
state
charged
strieff
unlawful
possession
methamphetamine
drug
paraphernalia
strieff
moved
suppress
evidence
arguing
evidence
inadmissible
derived
unlawful
investigatory
stop
suppression
hearing
prosecutor
conceded
officer
fackrell
lacked
reasonable
suspicion
stop
argued
evidence
suppressed
existence
valid
arrest
warrant
attenuated
connection
unlawful
stop
discovery
contraband
trial
agreed
state
admitted
evidence
found
short
time
illegal
stop
search
weighed
favor
suppressing
evidence
two
countervailing
considerations
made
admissible
first
considered
presence
valid
arrest
warrant
intervening
circumstance
app
pet
cert
quoting
simpson
second
stressed
absence
flagrant
misconduct
officer
fackrell
conducting
legitimate
investigation
suspected
drug
house
strieff
conditionally
pleaded
guilty
reduced
charges
attempted
possession
controlled
substance
possession
drug
paraphernalia
reserved
right
appeal
trial
denial
suppression
motion
utah
appeals
affirmed
ut
app
utah
reversed
ut
held
evidence
inadmissible
voluntary
act
defendant
free
confession
consent
search
sufficiently
breaks
connection
illegal
search
discovery
evidence
officer
fackrell
discovery
valid
arrest
warrant
fit
description
ordered
evidence
suppressed
ibid
granted
certiorari
resolve
disagreement
attenuation
doctrine
applies
unconstitutional
detention
leads
discovery
valid
arrest
warrant
compare
green
holding
discovery
warrant
dispositive
intervening
circumstance
police
misconduct
flagrant
state
moralez
assigning
little
significance
discovery
warrant
reverse
ii
fourth
amendment
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
officers
violated
fourth
amendment
traditionally
considered
trespassers
individuals
subject
unconstitutional
searches
seizures
historically
enforced
rights
tort
suits
davies
recovering
original
fourth
amendment
rev
century
however
exclusionary
rule
rule
often
requires
trial
courts
exclude
unlawfully
seized
evidence
criminal
trial
became
principal
judicial
remedy
deter
fourth
amendment
violations
see
mapp
ohio
precedents
exclusionary
rule
encompasses
primary
evidence
obtained
direct
result
illegal
search
seizure
relevant
evidence
later
discovered
found
derivative
illegality
poisonous
tree
segura
significant
costs
rule
led
us
deem
applicable
deterrence
benefits
outweigh
substantial
social
costs
hudson
michigan
internal
quotation
marks
omitted
suppression
evidence
always
last
resort
first
impulse
ibid
accordingly
recognized
several
exceptions
rule
three
exceptions
involve
causal
relationship
unconstitutional
act
discovery
evidence
first
independent
source
doctrine
allows
trial
courts
admit
evidence
obtained
unlawful
search
officers
independently
acquired
separate
independent
source
see
murray
second
inevitable
discovery
doctrine
allows
admission
evidence
discovered
even
without
unconstitutional
source
see
nix
williams
third
issue
attenuation
doctrine
evidence
admissible
connection
unconstitutional
police
conduct
evidence
remote
interrupted
intervening
circumstance
interest
protected
constitutional
guarantee
violated
served
suppression
evidence
obtained
hudson
supra
turning
application
attenuation
doctrine
case
first
address
threshold
question
whether
doctrine
applies
case
like
intervening
circumstance
state
relies
discovery
valid
untainted
arrest
warrant
utah
declined
apply
attenuation
doctrine
read
precedents
applying
doctrine
circumstances
involving
independent
act
defendant
confessing
crime
consenting
search
strieff
defended
argument
disagree
well
attenuation
doctrine
evaluates
causal
link
government
unlawful
act
discovery
evidence
often
nothing
defendant
actions
logic
prior
attenuation
cases
limited
independent
acts
defendant
remains
us
address
whether
discovery
valid
arrest
warrant
sufficient
intervening
event
break
causal
chain
unlawful
stop
discovery
evidence
strieff
person
three
factors
articulated
brown
illinois
guide
analysis
first
look
temporal
proximity
unconstitutional
conduct
discovery
evidence
determine
closely
discovery
evidence
followed
unconstitutional
search
second
consider
presence
intervening
circumstances
third
particularly
significant
examine
purpose
flagrancy
official
misconduct
evaluating
factors
assume
without
deciding
state
conceded
point
officer
fackrell
lacked
reasonable
suspicion
initially
stop
strieff
ultimately
conclude
warrant
breaks
causal
chain
also
need
decide
whether
warrant
existence
alone
make
initial
stop
constitutional
even
officer
fackrell
unaware
existence
first
factor
temporal
proximity
initially
unlawful
stop
search
favors
suppressing
evidence
precedents
declined
find
factor
favors
attenuation
unless
substantial
time
elapses
unlawful
act
evidence
obtained
kaupp
texas
per
curiam
however
officer
fackrell
discovered
drug
contraband
strieff
person
minutes
illegal
stop
see
app
explained
brown
short
time
interval
counsels
favor
suppression
found
confession
suppressed
relying
part
less
two
hours
separated
unconstitutional
arrest
confession
contrast
second
factor
presence
intervening
circumstances
strongly
favors
state
segura
addressed
similar
facts
found
sufficient
intervening
circumstances
allow
admission
evidence
agents
probable
cause
believe
apartment
occupants
dealing
cocaine
sought
warrant
meantime
entered
apartment
arrested
occupant
discovered
evidence
drug
activity
limited
search
security
reasons
next
evening
magistrate
judge
issued
search
warrant
ibid
deemed
evidence
admissible
notwithstanding
illegal
search
information
supporting
warrant
wholly
unconnected
arguably
illegal
entry
known
agents
well
initial
entry
segura
course
applied
independent
source
doctrine
unlawful
entry
contribute
way
discovery
evidence
seized
warrant
segura
suggested
existence
valid
warrant
favors
finding
connection
unlawful
conduct
discovery
evidence
sufficiently
attenuated
dissipate
taint
ibid
principle
applies
case
warrant
valid
predated
officer
fackrell
investigation
entirely
unconnected
stop
officer
fackrell
discovered
warrant
obligation
arrest
strieff
warrant
judicial
mandate
officer
conduct
search
make
arrest
officer
sworn
duty
carry
provisions
leon
internal
quotation
marks
omitted
officer
fackrell
arrest
strieff
thus
ministerial
act
independently
compelled
warrant
officer
fackrell
authorized
arrest
strieff
undisputedly
lawful
search
strieff
incident
arrest
protect
officer
fackrell
safety
see
arizona
gant
explaining
permissible
scope
searches
incident
arrest
finally
third
factor
purpose
flagrancy
official
misconduct
brown
supra
also
strongly
favors
state
exclusionary
rule
exists
deter
police
misconduct
davis
third
factor
attenuation
doctrine
reflects
rationale
favoring
exclusion
police
misconduct
need
deterrence
purposeful
flagrant
officer
fackrell
negligent
stopping
strieff
officer
fackrell
made
two
mistakes
first
observed
time
strieff
entered
suspected
drug
house
know
long
strieff
officer
fackrell
thus
lacked
sufficient
basis
conclude
strieff
visitor
may
consummating
drug
transaction
second
lacked
confirmation
strieff
visitor
officer
fackrell
asked
strieff
whether
speak
instead
demanding
strieff
officer
fackrell
stated
purpose
find
going
house
app
nothing
prevented
approaching
strieff
simply
ask
see
florida
bostick
seizure
occur
simply
police
officer
approaches
individual
asks
questions
errors
judgment
hardly
rise
purposeful
flagrant
violation
strieff
fourth
amendment
rights
officer
fackrell
decision
initiate
stop
mistaken
conduct
thereafter
lawful
officer
decision
run
warrant
check
negligibly
burdensome
precautio
officer
safety
rodriguez
slip
officer
fackrell
actual
search
strieff
lawful
search
incident
arrest
see
gant
supra
moreover
indication
unlawful
stop
part
systemic
recurrent
police
misconduct
contrary
evidence
suggests
stop
isolated
instance
negligence
occurred
connection
bona
fide
investigation
suspected
drug
house
officer
fackrell
saw
strieff
leave
suspected
drug
house
suspicion
house
based
anonymous
tip
personal
observations
applying
factors
hold
evidence
discovered
strieff
person
admissible
unlawful
stop
sufficiently
attenuated
arrest
warrant
although
illegal
stop
close
time
strieff
arrest
consideration
outweighed
two
factors
supporting
state
outstanding
arrest
warrant
strieff
arrest
critical
intervening
circumstance
wholly
independent
illegal
stop
discovery
warrant
broke
causal
chain
unconstitutional
stop
discovery
evidence
compelling
officer
fackrell
arrest
strieff
especially
significant
evidence
officer
fackrell
illegal
stop
reflected
flagrantly
unlawful
police
misconduct
find
strieff
counterarguments
unpersuasive
first
argues
attenuation
doctrine
apply
officer
stop
purposeful
flagrant
asserts
officer
fackrell
stopped
solely
fish
evidence
suspected
wrongdoing
officer
fackrell
sought
information
strieff
find
happening
inside
house
whose
occupants
legitimately
suspected
dealing
drugs
suspicionless
fishing
expedition
hope
something
turn
taylor
alabama
strieff
argues
moreover
officer
fackrell
conduct
flagrant
detained
strieff
without
necessary
level
cause
reasonable
suspicion
conflates
standard
illegal
stop
standard
flagrancy
violation
flagrant
severe
police
misconduct
required
mere
absence
proper
cause
seizure
see
kaupp
finding
flagrant
violation
warrantless
arrest
made
arrestee
home
police
denied
warrant
least
officers
knew
lacked
probable
cause
neither
officer
alleged
purpose
flagrancy
violation
rise
level
misconduct
warrant
suppression
second
strieff
argues
prevalence
outstanding
arrest
warrants
many
jurisdictions
police
engage
dragnet
searches
exclusionary
rule
applied
think
outcome
unlikely
wanton
conduct
expose
police
civil
liability
see
monell
new
york
city
dept
social
see
also
segura
event
brown
factors
take
account
purpose
flagrancy
police
misconduct
evidence
dragnet
search
presented
application
brown
factors
different
evidence
concerns
strieff
raises
criminal
justice
system
present
south
salt
lake
city
utah
hold
evidence
officer
fackrell
seized
part
search
incident
arrest
admissible
discovery
arrest
warrant
attenuated
connection
unlawful
stop
evidence
seized
strieff
incident
arrest
judgment
utah
accordingly
reversed
ordered
sotomayor
dissenting
utah
petitioner
edward
joseph
strieff
writ
certiorari
utah
june
justice
sotomayor
justice
ginsburg
joins
parts
ii
iii
dissenting
today
holds
discovery
warrant
unpaid
parking
ticket
forgive
police
officer
violation
fourth
amendment
rights
soothed
opinion
technical
language
case
allows
police
stop
street
demand
identification
check
outstanding
traffic
warrants
even
nothing
wrong
officer
discovers
warrant
fine
forgot
pay
courts
excuse
illegal
stop
admit
evidence
anything
happens
find
searching
arresting
warrant
fourth
amendment
prohibit
permit
misconduct
dissent
minutes
edward
strieff
walked
south
salt
lake
city
home
officer
stopped
questioned
took
identification
run
police
database
officer
suspect
strieff
done
anything
wrong
strieff
happened
first
person
leave
house
officer
thought
might
contain
drug
activity
app
state
utah
concedes
stop
illegal
app
fourth
amendment
protects
people
unreasonable
searches
seizures
officer
breaches
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detains
pedestrian
check
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without
evidence
person
engaged
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delaware
prouse
terry
ohio
officer
deepens
breach
prolongs
detention
fish
evidence
wrongdoing
rodriguez
slip
search
lawbreaking
officer
case
broke
law
officer
learned
strieff
small
traffic
warrant
app
pursuant
warrant
arrested
strieff
conducting
search
incident
arrest
discovered
methamphetamine
strieff
pockets
utah
charged
strieff
illegal
drug
possession
trial
strieff
argued
admitting
drugs
evidence
condone
officer
misbehavior
methamphetamine
reasoned
product
officer
illegal
stop
admitting
tell
officers
unlawfully
discovering
even
small
traffic
warrant
give
license
search
evidence
unrelated
offenses
utah
unanimously
agreed
strieff
majority
reverses
ii
tempting
case
like
illegal
conduct
officer
uncovers
illegal
conduct
civilian
forgive
officer
instincts
although
unconstitutional
correct
basic
principle
lies
heart
fourth
amendment
two
wrongs
make
right
see
weeks
lawless
police
conduct
uncovers
evidence
lawless
civilian
conduct
long
required
later
criminal
trials
exclude
illegally
obtained
evidence
terry
mapp
ohio
example
officer
breaks
home
finds
forged
check
lying
around
check
may
used
prosecute
homeowner
bank
fraud
describe
check
poisonous
tree
wong
sun
fruit
must
cast
aside
includes
evidence
directly
found
illegal
search
also
evidence
come
exploitation
illegality
ibid
exclusionary
rule
removes
incentive
officers
search
us
without
proper
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terry
also
keeps
courts
made
party
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likely
occur
odds
given
stop
revealing
warrant
even
higher
numbers
indicate
one
study
found
example
cincinnati
ohio
outstanding
warrants
residents
see
helland
tabarrok
fugitive
evidence
public
versus
private
law
enforcement
bail
jumping
law
econ
justice
sotomayor
notes
people
residing
town
ferguson
missouri
outstanding
warrants
see
ante
majority
relies
segura
reach
opposite
conclusion
see
ante
decision
lacks
relevance
case
held
fourth
amendment
violation
issue
contribute
way
police
subsequent
procurement
warrant
discovery
contraband
occasion
consider
question
happens
unconstitutional
act
fact
leads
warrant
leads
evidence