Monthly Archives December 2014

DERIVATIVE EVIDENCE OF ILLEGAL STOP: RECENT COURT OF APPEALS DECISION

The DC Court of Appeals in Ken E. Smith v. U.S., on December 4, 2014, reversed a lower court drug conviction and denial of motion to suppress based on the tainted derivative evidence doctrine, which excludes all evidence — primary and secondary obtained and gathered in violation of the 4th Amendment. Specifically, Smith’s car was stopped due to having an obstructed license plate and subsequently marijuana and drug paraphernalia was found on him and in the car.   An arrest warrant was requested by the Officer and issued based on the affidavit submitted and approximately two weeks later Smith was located,
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