State v. Gonzalez

19 Citing cases

  1. State v. Jevarjian

    307 Conn. 559 (Conn. 2012)   Cited 8 times
    Describing "fruit of the poisonous tree" doctrine as "an extension of the general exclusionary rule that specifically applies to evidence derived indirectly from an unlawful search rather than all evidence unlawfully seized"

    Similarly, in Rakas, the court observed that “[a] person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's premises or property has not had any of his [f]ourth [a]mendment rights infringed.” Rakas v. Illinois, supra, 439 U.S. at 134, 99 S.Ct. 421; accord State v. Gonzalez, 278 Conn. 341, 348, 898 A.2d 149 (2006). Thus, the application of the exclusionary rule, a remedial measure intended to protect against fourth amendment violations, would be inappropriate in the absence of a showing of some such infringement of the defendant's own fourth amendment rights.

  2. State v. Ibarra-Cisneros

    172 Wn. 2d 880 (Wash. 2011)   Cited 18 times
    In State v. Ibarra–Cisneros, 172 Wash.2d 880, 885–86, 263 P.3d 591 (2011), this court reversed the petitioner's conviction for possession of cocaine based on the unlawful search of his brother's home.

    ¶ 37 A number of courts deciding similar cases under the Fourth Amendment have concluded that whether law enforcement officers were lawfully on the premises when they answered a phone is irrelevant if the defendant cannot show that he or she had a protected privacy interest in the phone or the conversation itself. Thus, in United States v. Congote, 656 F.2d 971 (5th Cir.1981), and State v. Gonzalez, 278 Conn. 341, 898 A.2d 149 (2006), the courts concluded that, regardless of whether police were unlawfully on the premises, no constitutional violation occurred when the defendants voluntarily spoke with police officers who answered a telephone and a cell phone, respectively, knowing the person answering to be a stranger but nonetheless making incriminating statements about drug transactions that led to their arrests. In Congote, 656 F.2d at 976, the court observed that the defendant “instituted the calls and spoke voluntarily and without hesitation to the agents.

  3. State v. Kinch

    168 Conn. App. 62 (Conn. App. Ct. 2016)   Cited 3 times

    (Citations omitted; internal quotation marks omitted.) Id., at 550–51, 909 A.2d 969 ; see also State v. Gonzalez, 278 Conn. 341, 348–49, 898 A.2d 149 (2006) (“the [United States] Supreme Court has long held that a reasonable expectation of privacy in the subject of a search is a prerequisite for fourth amendment protection” [footnote omitted] ). By contrast, the defendant at the suppression hearing submitted that he possessed standing to contest the validity of the search of the vehicle pursuant to Brendlin v. California, supra, 551 U.S. at 249, 127 S.Ct. 2400.

  4. Bowens v. Comm'r of Corr.

    333 Conn. 502 (Conn. 2019)   Cited 10 times

    However, because the petitioner has neither briefed the state constitutional question nor presented any argument as to why article first, §§ 8 and 9, affords broader protection than its federal counterpart, we limit our analysis to the petitioner's rights under the fourteenth amendment. See, e.g., State v. Delgado , 323 Conn. 801, 805 n.4, 151 A.3d 345 (2016) ; State v. Gonzalez , 278 Conn. 341, 347 n.9, 898 A.2d 149 (2006).A

  5. State v. Jenkins

    298 Conn. 209 (Conn. 2010)   Cited 62 times   1 Legal Analyses
    Holding that protections provided under the Connecticut constitution are coextensive with those provided by the Fourth Amendment because "[o]ur own constitutional language, precedents and history do not support a ready departure from the federal case law in this area, particularly because the recent United States Supreme Court decisions do not represent a sea change from prior Connecticut precedent"

    The fourth amendment has been made applicable to the states via the fourteenth amendment." State v. Gonzalez, 278 Conn. 341, 344 n. 4, 898 A.2d 149 (2006).

  6. State v. Betts

    286 Conn. 88 (Conn. 2008)   Cited 6 times
    Emphasizing that agency issues are correctly reviewed under substantial evidence rather than plenary standard

    "The fourth amendment to the United States constitution provides: `The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' The fourth amendment has been made applicable to the states via the fourteenth amendment." State v. Gonzalez, 278 Conn. 341, 344 n. 4, 898 A.2d 149 (2006). The constitution of Connecticut, article first, § 7, provides: "The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation."

  7. State v. Batts

    281 Conn. 682 (Conn. 2007)   Cited 39 times
    Noting that “[t]he police confirmed the details of the defendant's address and the make of car he drove”

    Accordingly, we need not determine whether the state constitution affords greater protection in that one regard and limit our review with respect to the remaining issues to the federal constitution. See State v. Gonzalez, 278 Conn. 341, 347 n. 9, 898 A.2d 149 (2006). Setzer offered the following testimony at the hearing on the motion to suppress the evidence seized at the time of the defendant's arrest.

  8. State v. Benefield

    153 Conn. App. 691 (Conn. App. Ct. 2014)   Cited 7 times

    [W]here the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision....” (Internal quotation marks omitted.) State v. Gonzalez, 278 Conn. 341, 347–48, 898 A.2d 149 (2006). When an appeal raises questions of law, as this case does, our review is plenary.

  9. State v. Payne

    121 Conn. App. 308 (Conn. App. Ct. 2010)   Cited 12 times

    " (Internal quotation marks omitted.) State v. Gonzalez, 278 Conn. 341, 347-48, 898 A.2d 149 (2006). After carefully reviewing the court's entire decision, we are unable to ascertain the factual or legal basis for the court's reliance on the abandonment doctrine.

  10. Baricko v. City of Milford

    2009 Ct. Sup. 4030 (Conn. Super. Ct. 2009)

    See State v. Batts, 281 Conn. 682, 690 n. 6, 916 A.2d 788, cert. denied. 128 S.Ct. 667, 169 L.Ed.2d 524 (2007); accord State v. Gonzalez, 278 Conn. 341, 347 n. 9, 898 A.2d 149 (2006); see also State v. Geisler, 222 Conn 672, 684-86, 610 A.2d 1225 (1992) (defendant must provide independent analysis under particular provision of state constitution). In this case, the plaintiff maintains that he brought his allegations of public concern relating to certain of the defendant's acts and omissions to state and federal agencies, and that it was only after he had raised these concerns that he was suffered from intolerable working conditions.