Legal Update

Larry E. Holtz, Esq. Discovery of Warrant Saves Evidence from Unlawful Police Stop Evidence discovered was admissible because the unlawful stop was sufficiently attenuated by the pre-existing arrest warrant. Does the Fourth Amendment’s “attenuation doctrine” apply when an officer makes an unconstitutional investigatory stop; learns during that stop that the suspect is subject to a valid arrest warrant; and proceeds to arrest the suspect and seize incriminating evidence during a search incident to that arrest? Recently, in Utah v. Strieff…