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CA: Brendlin on remand: Arrest and search incident of passenger was lawful because of attenuation of the taint

By John Wesley Hall, Jr.

The California Supreme Court has Brendlin v. California, 551 U.S. ___, 127 S.Ct. 2400, 168 L. Ed. 2d 132 (2007), on remand in People v. Brendlin, 2008 Cal. LEXIS 13631 (November 24, 2008), and holds that, given the unlawfulness of the stop, the finding of the outstanding warrant on defendant was sufficiently attenuated from the unlawful stop to support the search of his person incident to the arrest under Brown v. Texas. Defendant contends that suppression is necessary to deter the police from randomly stopping citizens for the purpose of running warrant checks, but we are not persuaded. Where the seizure is flagrantly or knowingly unconstitutional or is otherwise undertaken as a fishing expedition, the third Brown factor will make it unlikely that the People would be able to demonstrate an attenuation of the taint of the initial unlawful seizure...continue to full post

Full post as published by Fourth Amendment on November 25, 2008 (boomark / email).