Background

• FBI and state agents conducted a warrantless entry into the Geneva Home curtilage to search for Conrad during a drug-aimed investigation of his father’s business; they observed Conrad asleep and learned of child pornography evidence.
• Conrad voluntarily accompanied agents from the Geneva Home to his Chicago Apartment after an initial interview, with consent to search the Chicago Apartment and related devices.
• Two hours elapsed from the curtilage violation to evidence collection at the Chicago Apartment; Conrad was not in custody and had opportunity to reflect.
• The district court suppressed Geneva Home and car-ride evidence but admitted Chicago Apartment evidence as attenuated.
• Conrad was convicted on eight counts; the district court sentenced according to the Sentencing Guidelines in effect at sentencing, not at offense time, a point later addressed on appeal.
• The Seventh Circuit affirmed the suppression ruling and declined to overrule Demaree on guideline timing.

Issues

Key Cases Cited

• Brown v. Illinois, 422 U.S. 590 (1975) (attenuation framework; factors for suppression)
• Taylor v. Alabama, 457 U.S. 687 (1982) (voluntariness and intervening factors in attenuation)
• Reed, 349 F.3d 457 (2003) (three-factor attenuation test; temporal proximity, intervening circumstances, purpose/flagrancy)
• Hudson v. Michigan, 547 U.S. 586 (2006) (but-for causation not sufficient for suppression; deterrence limits)
• Ienco, 182 F.3d 517 (1999) (three-factor attenuation balance framework)
• Fazio, 914 F.2d 950 (1990) (attenuation when defendant travels to location independent of initial violation)
• Demaree, 459 F.3d 791 (2006) (guideline timing issue; Seventh Circuit precedent not overruled)
• United States v. Carter, 573 F.3d 418 (2009) (deterrence and attenuation considerations in Fourth Amendment context)