Cyber Crime Investigations Often Assisted by Incorrect Use of Anonymizing Technology

June 11, 2014

Tor-logo-2011-flat.svg.pngTools that enable internet users to "anonymize," or conceal their online identities, have benefitted many people, such as activists fearing government persecution. It has also enabled people engaging in illegal online activity. People may wish to keep their online identities private out of genuine concern for their own safety, or out of a belief that what they do online is simply no one else's business. Efforts to investigate and track allegedly illegal online activities, however, often threaten to infringe on everyone's privacy rights. Law enforcement has had little success in cracking anonymizing technology, but ordinary human errors have assisted them in many cases by allowing them to connect anonymous activity to specific suspects. As The Daily Dot put it, the users themselves might be anonymizing technology's only "glaring weakness."

A software package known as Tor is one of the most well-known and widely-used anonymizing technologies available today. Its name is short for "The Onion Router," which refers to the use of multiple network nodes and encryption levels, sort of like the layers of an onion, to conceal the source of online communications. While a normal web browser sends and receives data along a relatively direct route, Tor uses a global network of computers and routers to transmit data along a winding, encrypted path. The Tor Project, a nonprofit organization that makes the software available for free, was originally funded by the U.S. military and still receives funding from the federal government.

The National Security Agency (NSA) has reportedly tried to "de-anonymize" Tor, but has not had any success. While it can reveal the identities of small numbers of users through "manual analysis," it has not come close to being able to de-anonymize all of Tor's users at once. Perhaps most importantly from a privacy standpoint, it cannot de-anonymize any one specific user, such as in response to a criminal investigation. Statutes regarding cybercrime require the state to prove beyond a reasonable doubt that a defendant engaged in certain acts. Investigators might try to establish these elements by showing that specific communications originated from a defendant's computer's IP address, or that a defendant was logged into their user account at the time certain acts occurred.

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Laboratory Allegedly Mishandles DWI Blood Samples, Calling Multiple Cases Into Question

May 30, 2014

3571573765_ab13f8d0ef_z.jpgA private laboratory testing company contracted by Texas prosecutors reportedly mishandled paperwork related to blood samples intended for use in driving while intoxicated (DWI) cases. The extent of the company's alleged error remains unknown, but it has prompted the district attorney's office to state that the samples may have to be re-tested. Blood samples are used in DWI cases to establish the concentration of alcohol in a defendant's bloodstream, known as blood alcohol content (BAC). The statute defining the offense of DWI does not require BAC evidence; however, it is generally the simplest way for the state to prove intoxication. Compromised blood samples could seriously hinder the state's prosecution of many of the affected DWI cases.

The Bexar County District Attorney's Office, which handles criminal cases in San Antonio and surrounding areas, contracts with a company in the Dallas/Fort Worth area to test blood samples taken in DWI cases. In approximately mid-May 2014, the office reportedly received a letter from the lab stating that "some paperwork was mishandled." The office has not publicly stated exactly how many cases were affected, or exactly how, but news media have reported that the lab fired an analyst for multiple paperwork errors, including one incident involving about 350 incorrectly-labeled blood samples. The lab is reportedly conducting an internal investigation.

The DA's office was reportedly receiving test results containing caveats from the lab that they could not say for certain which sample produced the results. Other documents reportedly referenced contaminated lab equipment, although the DA's office has stated that they do not believe any blood samples were contaminated. Defendants currently involved in DWI cases in San Antonio, along with their advocates, are not very reassured by the DA's statements.

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Texas Man Faces Possible Life Sentence for Marijuana Brownies Under Odd Feature of State Law

May 27, 2014

Chocolate_brownies.jpgA teenager in Round Rock, Texas faces a possible life sentence for an alleged marijuana offense because of a technicality in the statute defining the offense. The man is accused of making and selling pot brownies using hash oil under the Texas Health and Safety Code. Prosecutors claim that they can use the weight of the brownies themselves, not just the hash oil, in determining the severity of the charged offense. They charged the man with a first-degree felony, punishable by up to life in prison, even though the alleged controlled substance would likely constitute a tiny percentage of the total weight of the brownies.

During a search of the defendant's apartment in April 2014, police reportedly found 1.5 pounds of brownies laced with hash oil, one pound of marijuana, drug paraphernalia, cash, and baggies containing additional marijuana and hash oil. The defendant was arrested and later released on a $30,000 bond. Prosecutors charged the defendant with manufacture or delivery of a controlled substance with an aggregate weight of at least four grams but less than 400 grams, a first-degree felony. Four hundred grams is equivalent to about 0.88 pounds.

The hash oil is the main concern in the case. While marijuana has its own category of punishments under Texas law, substances derived from it are included with other, more serious controlled substances. "Resinous extractives of Cannabis," including hash oil, are included in Penalty Group 2, along with various hallucinogens like mescaline and psilocybin. Tex. Health & Safety Code § 481.103(a)(1).

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Court Rulings Affirm Fourth Amendment Rights Against Warrantless Cell Phone Searches

May 14, 2014

Man_on_cellular_tower_(2585020521).jpgCommunications technologies seem to be changing at an ever-faster rate, and the laws against unreasonable searches by police always struggle to keep pace. Recent rulings from several state courts, however, have affirmed Fourth Amendment protections against warrantless searches of text messages stored on mobile telephones and location data obtained from cell phone service providers. While technology may change the means by which people can communicate, the expectation of privacy and the limits on warrantless searches should not change.

Text Message Privacy

Two recent cases from Washington state involved a police search of a cell phone. Police arrested an individual for alleged heroin possession. His iPhone continued to receive incoming calls and text messages at the police station. A detective spent five to ten minutes reading text messages on the phone, and reportedly identified drug terminology in messages from one contact. Posing as the phone's owner, the detective responded to the person to set up a drug transaction. He arrested the two individuals who showed up at the meeting location. Washington v. Hinton, 319 P.3d 9 (2014); Washington v. Roden, __ P.3d __, No. 87669-0, slip op. (Wash., Feb. 27, 2014).

Both defendants were convicted of attempted possession of heroin after unsuccessfully moving to suppress the evidence for violations of the Fourth Amendment, the state constitution, and state law. The Washington Supreme Court reversed both convictions. In Hinton, it based its ruling on the Fourth Amendment and the state constitution, while basing its decision in Roden on the state's privacy statute. The court ruled in Hinton that people have a reasonable expectation of privacy when making telephone calls that also extends to text messages. These protections exist, it held, "regardless of technological advancements." Hinton, 319 P.3d at 17.

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Government Not Obligated to Disclose GPS Tracking Policy Memos, Court Rules, Despite Fourth Amendment Concerns

May 9, 2014

GPS_Satellite_NASA_art-iif.jpgAfter the Supreme Court ruled in United States v. Jones, 132 S. Ct. 945 (2012), that the use of GPS devices to track vehicle movements is a "search" governed by the Fourth Amendment, the Department of Justice (DOJ) drafted two memoranda addressing how the ruling affects ongoing and future criminal cases. The American Civil Liberties Union (ACLU) sued to compel public disclosure of the memos under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. A court ruled that the DOJ does not need to disclose the memos at this time, because it expects that the policies contained in the memos "will be borne out in the courts." ACLU v. U.S. DOJ, No. 1:12-cv-07412, mem. and order at 12 (S.D.N.Y., Mar. 11, 2014).

In Jones, the Supreme Court considered whether police may use data obtained from a GPS tracking device attached to a suspect's car without a warrant. The court has held that the Fourth Amendment, which generally prohibits searches and seizures by police without probable cause and a warrant, protects the person, not the person's property, and that physical intrusion is not an essential part of a "search." See Katz v. United States, 389 U.S. 347, 351 (1967). It held in Jones that the installation and use of this device constituted a search under the Fourth Amendment.

The court left numerous questions unanswered in Jones, however, such as the extent of a person's reasonable expectation of privacy in the digital age, the extent to which their voluntary provision of information online waives their right to privacy, and the possibility that short-term GPS monitoring might not violate privacy rights. Jones, 132 S. Ct. at 955-56. After the ruling was issued, officials with the DOJ disclosed the existence of two memoranda it had prepared regarding the application of Jones to ongoing investigations and prosecutions, including the use of GPS and other monitoring or surveillance techniques.

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U.S. Supreme Court Rules that, in Some Circumstances, One Resident May Consent to a Search by Police Even When Another Resident Refuses

May 1, 2014

521845812_de0ff22b4a_z.jpgUnder recent U.S. Supreme Court precedent, police may not search a residence without a warrant if any other resident objects, even if another resident gives consent. A new ruling, however, holds that the objecting resident must be physically present to prevent the search. Fernandez v. California, No. 12-7822, slip op. (Sup. Ct., Feb. 25, 2014). Justice Alito, writing for a 6-3 majority, stated that allowing any resident to object to a warrantless search while not present would create "practical problems" for police officers. A dissenting opinion written by Justice Ginsberg notes that most of the majority's practical concerns could be eliminated with a search warrant obtained in accordance with the Fourth Amendment to the United States Constitution.

In United States v. Matlock, 415 U.S. 164 (1974), and Illinois v. Rodriguez, 497 U.S. 177 (1990), the Supreme Court held that police may conduct a warrantless search of a resident with the consent of a resident other than the defendant. The court created an exception to this rule, however, in Georgia v. Randolph, 547 U.S. 103 (2006). Police responding to a domestic disturbance with allegations of drug use were denied consent to search the premises by the defendant, but obtained consent from his wife. The Supreme Court ruled that "a physically present co-occupant's stated refusal to permit entry" prevented the police from conducting a warrantless search. Id. at 106.

In the present case, the defendant was accused of committing robbery and other offenses. A witness reportedly told police officers that the defendant was in a nearby apartment. The officers found the defendant at the apartment with his domestic partner and their four year-old son. The defendant expressly denied consent to enter the apartment. The officers removed him from the apartment and placed him under arrest for suspicion of domestic violence. About an hour later, police returned to the apartment, and the woman consented to a search that turned up evidence of the robbery, weapons and ammunition, and gang paraphernalia.

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Officer Testimony Trumps Video Evidence, Court Holds, in Establishing Probable Cause for Traffic Stop

April 25, 2014

2004-02-25_Night_traffic_stop_in_Durham_1.jpgThe Indiana Supreme Court affirmed a trial court's denial of a defendant's motion to suppress evidence obtained in a traffic stop based on video evidence that seemed to contradict the arresting officer's testimony. An appellate court had reversed the defendant's DUI conviction, finding that the traffic stop was not supported by reasonable suspicion. Robinson v. Indiana (Robinson I), 985 N.E.2d 1141, 1143 (Ind. App. 2013). The state supreme court, however, ruled that the standard of review did not permit "invad[ing] the fact-finder's province." Robinson v. Indiana (Robinson II), No. 20S04-1307-CR-471, slip op. at 2 (Ind., Mar. 25, 2014).

At about 1:00 a.m. on October 15, 2011, a sheriff's deputy pulled the defendant over after allegedly observing her vehicle veer off the right side of the road twice. His vehicle camera recorded the stop. The defendant reportedly admitted to drinking one beer. She failed three field sobriety tests, and a chemical test conducted at the jail indicated blood alcohol content of 0.09 percent, just above the legal limit.

Prosecutors charged the defendant with driving under the influence and other offenses. The defendant moved to suppress all of the state's evidence, arguing that the deputy lacked reasonable suspicion to pull her over. See Terry v. Ohio, 392 U.S. 1 (1968); Ornelas v. United States, 517 U.S. 690 (1996). The trial court denied the motion after considering the deputy's testimony, the vehicle camera footage, and the blood and breath test evidence. Even though the court stated that it could not say for certain, based on the video, whether the defendant's car ever left the road, it held that the deputy's visual observations were enough to establish reasonable suspicion for a stop. It cited a case in which Indiana's appellate court found that an officer had reasonable suspicion when a defendant drove off the road twice. Indiana v. McCaa, 963 N.E.2d 24 (Ind. App. 2012).

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"Octomom" Faces Multiple Welfare Fraud Charges for Allegedly Failing to Disclose Income

April 17, 2014

3517649776_717ec12697_z.jpgThe woman who gained the nickname "Octomom" after giving birth to eight children, thanks to in-vitro fertilization, is now facing four charges related to alleged welfare fraud. Prosecutors in Los Angeles are accusing Nadya Suleman, who has fourteen children in total, of failing to disclose certain sources of income when she applied for public assistance and filed periodic reports in 2013. They filed three charges against her in Los Angeles Superior Court in January 2014, and added a fourth charge in February. The charges could result in a prison sentence of more than six years. Prosecutors are seeking restitution of more than $26,000.

Suleman became famous in 2009 when she gave birth to octuplets with the help of fertility specialists. She already had six children, and she struggled as a single parent to care for all fourteen of them. She made many media appearances after the octuplets were born, but still had financial problems. A planned reality television program never came to pass. She filed for personal bankruptcy in April 2012, but the court dismissed the case. She released a single in 2012 and was hired to participate in a debate on parenting for a newly-launched website. Also in 2012, she posed semi-nude for a UK magazine, appeared in an adult video in several scenes by herself, and began working as an exotic dancer in men's clubs.

In their initial complaint, prosecutors alleged that Suleman did not disclose nearly $30,000 that she received from "video and personal appearances" while receiving public assistance. She allegedly began receiving assistance in January 2013 from CalFresh, California's equivalent of the federal Supplemental Nutrition Assistance Program (SNAP), and CalWORKS. They accused Suleman of receiving $9,814 in aid from CalFresh and $6,667 from CalWORKS. The felony complaint, filed on January 6, 2014, charged her with one count of aid by misrepresentation, CA Welf. & Inst. Code § 10980(c)(2), and two counts of perjury by false application for aid, CA Pen. Code § 118(a). She pleaded not guilty to all three charges.

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Criminal Mischief Conviction Affirmed Despite Lack of Evidence of Any Intentional Act by Defendant

March 28, 2014

Nails.jpgThe Texas Court of Criminal Appeals affirmed a criminal mischief conviction in Carrizales v. State, No. PD-0320-13, slip op. (Tex. Crim. App., Dec. 11, 2013). The defendant argued that the state did not produce enough evidence to establish the corpus delicti of criminal mischief. Corpus delicti is a common-law legal theory holding that the factual elements of a crime must be in evidence in order to charge someone with the offense. In this case, the defendant argued, that state had produced evidence of property damage, but not of any intentional act by the defendant. The Court of Criminal Appeals rejected the defendant's argument, holding that the U.S. Supreme Court and Texas have limited corpus delicti to cases involving confessions.

The defendant lives on a country road in Bee County. His cousin, Ramona Gomez, and her family live further down the road. No one else lived on the road during 2009 and 2010. Gomez and her husband have to drive past the defendant's property to get to and from their own property. The defendant reportedly believed that they were driving too fast, and in 2009 he alleged placed tree stumps on the road between his property and Gomez's property. He allegedly did not admit placing the tree stumps in the road to Gomez, but did tell her they needed to drive slower.

In late 2009 and early 2010, Gomez and her husband started getting flat tires while driving on the road, all caused by the same type of metal roofing screw. After Gomez had to replace two tires and her husband had to replace four, they began to suspect the defendant. They called the sheriff's department. A deputy got a flat tire in the same area while driving to Gomez's property. The defendant denied putting screws in the road, but admitted putting the tree stumps there. The defendant was charged with criminal mischief, a class B misdemeanor. A judge found him guilty and sentenced him to thirty days in jail with a one-year suspension.

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Police Arrest Two People at Border Checkpoint for Credit Card Fraud, Possibly Related to Larger Security Breach

March 20, 2014

TPE_Ingenico_Elite_510.jpgThe arrest of two people at a border checkpoint in south Texas for alleged credit card fraud may be connected, according to authorities, to an earlier security breach affecting millions of debit and credit accounts at the retail chain Target. The arrests were the result of cooperation between local and federal law enforcement. Officials have offered ambiguous answers regarding whether they are investigating the two individuals in connection with the larger security breach. Some officials have alleged that the two people merely used account numbers obtained from whomever was responsible for the breach, while others have suggested that they might be part of a larger operation.

Hackers allegedly broke into Target's computer systems and stole the numbers of debit and credit cards that had been used in stores between November 27 and December 15, 2013, about 40 million numbers in total. The hackers also reportedly stole email addresses and other personal information belonging to about 70 million people from Target's system. The U.S. Secret Service and the Department of Justice are investigating the security breach. Investigators suspect that the hackers are located in eastern Europe, but finding them is expected to be difficult. The people who make use of the stolen information, however, may be easier to identify.

Police in McAllen, Texas were reportedly alerted to possible credit card fraud on January 14, 2014, when several banks contacted them regarding suspicious activity. Two individuals had spent tens of thousands of dollars on electronics at retailers in the area during the previous weekend. Police asked for the Secret Service's help connecting account numbers used that weekend in McAllen to numbers stolen from Target. They suspected that someone had encoded stolen account numbers onto new credit cards and used them to go shopping.

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Magistrate Could Find Probable Cause for Search Warrant, Texas Court Rules, Despite Presence of Unknowing Third Party During Controlled Drug Purchase

March 14, 2014

Lubbock_County_Texas_wind_turbines_2011.jpgA defendant facing felony drug charges moved to suppress all evidence obtained under a search warrant issued for his home, claiming that the magistrate could not have found that probable cause existed at the time. The search warrant affidavit stated that police witnessed a confidential informant (CI) purchase drugs through an unknowing third party, who obtained the drugs from the defendant's home. The defendant argued that the lack of information on the third party's credibility made probable cause impossible. The Court of Criminal Appeals affirmed lower court rulings rejecting the defendant's argument. Moreno v. Texas, No. PD-1731-12, opinion (Tex. Crim. App., Dec. 11, 2013). It found that police testimony regarding what they observed was sufficient to establish probable cause.

The Lubbock Police Department began investigating the defendant, according to the court's opinion, when they received a tip from police in Clovis, New Mexico that he might be distributing narcotics. They set up a controlled drug purchase with a CI, who made contact with another individual. This individual reportedly knew nothing of the police operation. While under police surveillance, the CI gave money to the individual. The individual took the money to the defendant's residence, returned with crack cocaine, and gave the crack cocaine to the CI. These factual allegations formed the basis of the search warrant affidavit. At no time during the operation did police see the defendant. A magistrate issued a search warrant, and police found crack cocaine in the house.

The state charged the defendant with possession with intent to deliver at least four but less than two hundred grams of a controlled substance, a first-degree felony, with a penalty enhancement for proximity to a school. Tex. Health & Safety Code §§ 481.112(d), 481.134(c). The defendant moved to suppress the evidence against him, but the trial court denied the motion. He pled guilty after preserving his right to appeal. The court sentenced him to fifteen years in prison.

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Texas Police Arrest Man for DWI, Despite Negative Breath and Blood Tests

March 9, 2014

Letters_of_the_Law_-_'R'_for_Road_Policing.jpgPolice in Austin, Texas arrested a man last year for driving while intoxicated (DWI), even though a breath test at the time, followed by the results of a blood test, showed no alcohol in his system. More than a year after the arrest, prosecutors dismissed all charges, and the man is now hoping to have the arrest and court records expunged. The police stand by their decision to arrest him, noting that blood alcohol content (BAC) test results are only one way to establish intoxication under Texas law. BAC test results are often the simplest way for prosecutors to prove that a driver was impaired.

On January 13, 2013, police arrested the man after he allegedly ran a stop sign. They reportedly administered the Breathalyzer test at the county jail facility rather than the site of the traffic stop, indicating that police believed they had some other basis for arresting him besides BAC evidence. Police reports state that the man failed a roadside sobriety test because he was observed to be swaying and using his arms for support while standing on one leg. This sort of behavior could have other explanations besides drunkenness, which is why actual BAC evidence, or the lack thereof, is so important in a DWI case.

The Breathalyzer test revealed 0.00 percent BAC, meaning that if any alcohol was present in the man's bloodstream, it was too little to register on the machine. The "legal limit" for BAC, above which a person is presumed to be intoxicated, is 0.08 percent. The man voluntarily submitted to a blood test, which checks for seven intoxicating substances. A months-long backlog in blood testing delayed the results, but they confirmed a lack of any measurable amount of alcohol or the other six drugs.

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Texas Court of Criminal Appeals Rules on Race-Based Peremptory Strikes in Jury Selection

March 4, 2014

Sketch_of_an_overview_of_the_courtroom_that_includes_the_judges_bench_and_the_defense_table._24.jpgThe U.S. Supreme Court has developed a set of rules over the past few decades to protect the rights of racial minorities during jury selection, including a ban of the use of peremptory challenges by prosecutors to strike prospective jurors based solely on race. The Texas Court of Criminal Appeals recently reviewed a defendant's claim that the prosecutor improperly excused a prospective juror based on her race. Blackman v. Texas, No. PD-1575-12, slip op. (Tex. Crim. App., Dec. 11, 2013). Although the Court of Appeals agreed with the defendant, the Court of Criminal Appeals reversed their ruling, holding that the Supreme Court precedent cited by the lower appellate court did not apply to the case.

Racial discrimination has been and continues to be a problem throughout the judicial system. During jury selection, known as voir dire, attorneys for both sides have a limited number of "peremptory challenges," with which they can strike prospective jurors for any or no particular reason. In cases where the defendant is a racial minority, prosecutors have at times sought to strike prospective jurors of the same race. The pattern of race-based peremptory strikes has negatively affected the rights of certain defendants.

The U.S. Supreme Court ruled that this practice violates the Fourteenth Amendment's Equal Protection Clause in Batson v. Kentucky, 476 U.S. 79 (1986). This case allows a defendant to allege that a prosecutor's peremptory challenge was improperly based on race. If the defendant can demonstrate a race-based motive by a preponderance of evidence, the burden shifts to the state to provide a race-neutral explanation.

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Venue Errors May Be Reviewed on Appeal, Says Texas Court of Criminal Appeals

February 27, 2014

Caddo_Lake-_Cypress.jpgA defendant appealed his conviction for hindering a secured creditor, arguing that the state failed to prove that the trial court was the proper venue. He claimed that venue error was not subject to a "harm analysis" on appeal, meaning that not only was he not required to show that the error adversely affected his case, but that the error required the appellate court to reverse the conviction. The Texas Court of Criminal Appeals rejected this argument, holding that venue error is a "non-constitutional" reversible error that requires a harm analysis. Schmutz v. Texas, No. PD-0530-13, opinion (Tex. Crim. App., Jan. 298, 2014). It further found that any venue error in the trial court did not harm the appellant.

Texas appellate rules categorize reversible errors as constitutional and non-constitutional in nature. Tex. R. App. P. 44.2. An appellate court must reverse a conviction or order of punishment if it finds that a reversible error during trial court proceedings violated the defendant's constitutional rights. This requirement applies whether or not the error caused harm or prejudice to the defendant's case. State appellate rules require courts to disregard other reversible errors unless they "affect substantial rights."

The present case involved a dispute over venue, which, in the case of Texas felony prosecutions, refers to the county that hears the trial proceedings. Venue is usually proper in the county where the offense occurred, Tex. Code Crim. P. Art. 13.18, but Texas law identifies numerous exceptions for specific offenses. In a case of allegedly hindering a secured creditor, Tex. Pen. Code § 32.33, state law allows venue in the county where the defendant obtained the secured property, the county where the defendant disposed of the secured property, or the county where the parties signed the security agreement. Tex. Code. Crim. P. Art. 13.09.

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"Independent Source" Doctrine Allows State to Use Evidence Originally Discovered through an Unlawful Search

February 20, 2014

Hippomane_mancinella_(fruit).jpgOur criminal justice system generally prohibits the state from using evidence obtained unlawfully in a criminal prosecution. This rule is often known as the "fruit of the poisonous tree," meaning that if the underlying search was illegal, any evidence obtained through that search is therefore tainted. Federal courts have identified an exception to this rule, known as the "independent source" doctrine, for evidence discovered through an illegal search, but later obtained through independent, legal means.The Texas Court of Criminal Appeals recently affirmed a state trial court's application of the independent source doctrine, finding that it does not conflict with state law. Wehrenberg v. Texas, Nos. PD-1702-12, PD-1703-12, slip op. (Tex. Crim. App., Dec. 11, 2013).

The fruit of the poisonous tree rule derives from the Fourth Amendment to the U.S. Constitution, which prohibits law enforcement from conducting searches and seizures without probable cause and a warrant. A defendant can bring a motion to suppress evidence obtained in violation of these rights. If a court concludes that an officer or any other person violated a defendant's Fourth Amendment rights, or violated any other federal or state law related to criminal evidence, the court must suppress that evidence. This rule is codified in Article 38.23 of the Texas Code of Criminal Procedure.

The U.S. Supreme Court outlined the independent source doctrine in Segura v. United States, 468 U.S. 796 (1984). A defendant moved to suppress evidence discovered in a warrantless search of his apartment during his arrest on drug-related charges. Police received authorization from prosecutors to arrest the defendant, but because the authorization came at about 7:00 p.m., they had to wait until the following day for a search warrant. They arrested the defendant in the lobby of his apartment building and escorted him to his apartment. Inside the apartment, they observed evidence linking the defendant to drug trafficking. Nineteen hours later, they returned with a search warrant and seized the evidence.

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