United States v. Cordero-Rosario
2015 U.S. App. LEXIS 7365
| 1st Cir. | 2015Background
- Puerto Rico police conducted two searches of Cordero-Rosario's apartment on Feb. 4 and Feb. 26, 2011, seizing electronic devices including a desktop computer.
- The searches were conducted in connection with a Puerto Rico lewd acts offense investigation and occurred before Cordero's federal charges.
- Federal authorities later examined the desktop computer and other media in May 2011 after D.M.C., Cordero's then-wife, consented to examinations prompted by information shared by Puerto Rico police.
- A federal indictment for production and possession of child pornography followed in December 2011; Cordero moved to suppress all evidence tied to the Puerto Rico searches and subsequent federal seizure.
- The district court denied suppression, ruling the Puerto Rico searches satisfied probable cause and did not violate the Fourth Amendment; no evidentiary hearing was held.
- The First Circuit vacated and remanded to determine whether taint from the prior unlawful searches required suppression of evidence obtained via the consent-based federal examination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Puerto Rico searches violate the Fourth Amendment? | Cordero: affidavits lacked probable cause nexus. | Cordero: warrants were defective; suppression required. | Yes; warrants deficient; suppression of fruits advisable. |
| Does the good-faith exception apply to the Puerto Rico searches? | Navedo–Colón-style taint controls; suppression may be required. | Good faith could validate officers' reliance on warrants. | No; good-faith exception does not apply here. |
| Are the federal-examined devices tainted by the prior illegality? | Consent-based evidence may be fruit of tainted illegality and suppressed. | Consent from D.M.C. breaks causation with prior searches; taint attenuated. | Not decided; requires evidentiary hearing on attenuation. |
| Is D.M.C.'s consent valid under common-authority and Randolph, and can it be tainted by prior illegality? | Randolph: co-tenant's consent not valid if objecting occupant is present and objects. | Randolph supports using D.M.C.'s consent; presence of Cordero does not negate. | Consent valid under common authority; taint issue requires factual development at an evidentiary hearing. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause by practical, common-sense standard; nexus and general warrants review)
- Feliz, 182 F.3d 82 (1st Cir. 1999) (nexus and probable cause reviewed with protective deference to magistrate)
- Vigeant, 176 F.3d 565 (1st Cir. 1999) (warrant affidavit conclusory statements lack factual support)
- Spinelli v. United States, 393 U.S. 410 (U.S. 1969) (probable-cause affidavits require more than mere suspicion)
- Nathanson v. United States, 290 U.S. 41 (U.S. 1933) (limits of conclusory affidavits in establishing probable cause)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to exclusionary rule; reliance on warrants)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (taint and attenuation framework for derivative evidence)
- Finucan, 708 F.2d 838 (1st Cir. 1983) (factors for taint and third-party witness/documentary evidence)
- Navedo–Colón, 996 F.2d 1337 (1st Cir. 1993) (causal link between prior illegality and later consent-based searches)