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Evidence properly admitted under independent source doctrine

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The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.

In United States of America v. Andre Moody, No. 10-3924, Andre Moody was arrested in 2007 and convicted of possession of methamphetamine and given probation. At that time, a search of phone numbers in Moody’s phone included one in the memory as “G.” Nothing further was done with this information. Two years later, Moody was arrested and charged with conspiracy to distribute 500 grams or more of methamphetamine and distribution of five grams or more of methamphetamine. At this time, police were able to determine that the telephone number of “G” belonged to Gonzalo Gutierrez, who provided Moody with methamphetamine. Gutierrez was also arrested the same day as Moody and money found on Gutierrez matched the currency a confidential informant had delivered to Moody earlier that day for drugs.

Moody never sought to suppress the cell phone evidence prior to trial and didn’t object at trial to its admission, so the 7th Circuit reviewed the admission for plain error. Moody claimed the evidence was the fruit on an illegal search under the Fourth Amendment and that because the cell phone evidence was key to the government’s case that he was involved in a large methamphetamine distribution conspiracy, all evidence derived from that initial illegal search should be suppressed and his conviction overturned.

“We decline to consider the legality of Detective Rogers’s search of Moody’s cell phone because … even if we were to question the legality of the search, the evidence recovered in the initial search was ignored until later discovered by an independent source — the subpoenaed cell phone records — over two years after the initial search, thus freeing it from any taint that would require its exclusion at trial,” wrote Judge Daniel Manion.

 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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