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MO: Hudson applied to illegal stop [!]

By John Wesley Hall, Jr.

Defendant was illegally stopped, but an outstanding warrant was found and he was arrested on that, and that supported the search of the car and attenuated the illegal stop. Hudson v. Michigan on applicability of the exclusionary supports this conclusion. State v. Grayson, 2010 Mo. App. LEXIS 586 (May 11, 2010) We believe the principle set forth in Hudson has application here. Defendant's Fourth Amendment right to be free from unreasonable seizure was violated when he was stopped and detained without a reasonable, articulable suspicion that he was engaged in criminal activity. However, the methamphetamine evidence found on Defendant's person and in Officer Lambert's police cruiser was not found because of the invalid stop. Instead, this evidence was found after a search incident to Defendant's arrest on a valid warrant...continue to full post

Full post as published by Fourth Amendment on May 15, 2010 (boomark / email).