Evidence obtained by search warrant is admissible where defendant’s voluntary but un-Mirandized statement was used as probable cause for warrant
SEARCH & SEIZURE United States v. Phillips, No. 06-7026, ___ F.3d ___ (10th Cir. Nov. 15, 2006)(E.D. Oklahoma). Appeal of conviction for possession of firearm by convicted felon in violation of 18 U.S.C. § 922(g)(1). HELD: Under Supreme Court’s holding in United States v. Patane, 542 U.S. 630 (2004), physical evidence obtained as fruit of voluntary statement by defendant to law-enforcement officer is admissible at trial regardless of whether officer gave defendant Miranda warnings. By same reasoning, evidence taken from defendant via DNA swab is properly admissible where defendant’s voluntary statement, given without Miranda warnings, is used as probable cause to support request for search warrant. Read the opinion here. |
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