United States v. Terry (P)

Discovery of evidence seized during a traffic stop was not sufficiently attenuated from an unlawful search effectuated by surreptitious placement of a GPS device on the appellant’s vehicle, a flagrant constitutional violation.

The district court’s holding that the appellant did not have standing to move for suppression of the evidence seized during the traffic stop ignores the basic principle underlying the “fruit of the poisonous tree” doctrine: Defendants may seek to suppress not only evidence obtained as a direct result of an illegal search but also evidence later discovered as a result of that search. Accordingly, his drug conviction is vacated.

Reversed, vacated, and remanded.

United States v. Terry (P), No. 17-4799, Nov. 30, 2018. 4th Cir. (Gregory) from SDWV at Charleston (Goodwin).



Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

Tags: , ,

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