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Criminal Law

: Crime and Consequences

People v. Brendlin Limits Suppression of Evidence

By Kent Scheidegger et al.

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As reported in today's News Scan, the California Supreme Court has handed down its decision in People v. Brendlin. Yesterday's decision adopted a rule "that discovery of an outstanding arrest warrant prior to a search incident to arrest constitutes an intervening circumstance that may - and, in the absence of purposeful or flagrant police misconduct, will - attenuate the taint of the antecedent unlawful traffic stop." In other words, the drug paraphernalia found on Brendlin should be admitted as evidence even though the warrant for his arrest would not have been discovered "[b]ut for the unlawful vehicle stop." The lesson: if you have violated parole, and have a warrant out for your arrest, don't drive around in a car with containers that are used to make methamphetamine...continue to full post

Full post as published by Crime and Consequences on November 25, 2008 (boomark / email).

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