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By Kent Scheidegger et al.

Court Allows Evidence from Unlawful Traffic Stop: The California Supreme Court has unanimously reinstated the drug conviction of a man found guilty based upon evidence uncovered after the car he was riding in was illegally stopped. The Court's decision in People v. Brendlin held that while the initial stop - based on suspicion of a faulty registration - was unlawful, the search was proper because there was an outstanding arrest warrant for the passenger. A story by AP writer Sudhin Thanawala cites Associate Justice Marvin Baxter's opinion which held that while the police would not have learned of the warrant if it hadn't been for the illegal stop, the officer has acted "in the absence of purposeful or flagrant police misconduct" in pulling the car over...continue to full post

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