Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA6: Illegal stop finding arrest warrant justifies application of exclusionary rule

By John Wesley Hall, Jr.

Illegal stop that led to a warrant being found on one in the car was subject to the exclusionary rule; otherwise, police would have free reign to stop anybody. The taking of a DNA sample, however, was with a warrant, so it is not suppressed because it is independent. United States v. Gross, 2010 U.S. App. LEXIS 21478, 2010 FED App. 0332P (6th Cir. October 19, 2010): To hold otherwise would result in a rule that creates a new form of police investigation, whereby an officer patrolling a high crime area may, without consequence, illegally stop a group of residents where he has a “police hunch” that the residents may: 1) have outstanding warrants; or 2) be engaged in some activity that does not rise to a level of reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on October 22, 2010 (boomark / email).