Legal Update

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…

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