United States v. Lowry, No. 18-3109 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being a felon in possession of a firearm. The court held that the officer who stopped defendant lacked reasonable suspicion to detain defendant.
However, the court held that the officer discovered the evidence against defendant after he learned of an outstanding arrest warrant, and thus the initial violation of defendant's Fourth Amendment rights was sufficiently unrelated to the ultimate discovery of the evidence that suppression was inappropriate. Therefore, the discovery of the evidence used against defendant was attenuated from his unlawful stop.
Court Description: Kobes, Author, with Smith, Chief Judge, and Kelly, Circuit Judge] Criminal case - Criminal law. While the officer did not have a reasonable suspicion to detain defendant based on his observations of defendant's actions, the evidence discovered on defendant's person after the officer learned of an outstanding arrest was admissible; the initial violation of defendant's Fourth Amendment rights was sufficiently unrelated to the ultimate discovery of the evidence and suppression would be inappropriate under the attenuation doctrine.
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