State v. HummonsAnnotate this Case
Michael Hummons agreed to speak with a police officer on the sidewalk. During the encounter the officer discovered an outstanding warrant for Hummons' arrest. The officer arrested Hummons, and in a search incident to that arrest discovered drugs and drug paraphernalia in Hummons' backpack. At trial Hummons moved to suppress the evidence, arguing it was obtained as the result of an illegal detention. The trial court denied the motion, finding the officer's encounter with Hummons consensual. The court of appeals affirmed. The Supreme Court vacated the judgment of the appellate court, holding that the court overemphasized the importance the warrant as an intervening circumstance in dissipating the taint of any prior illegality and that the court should have applied the third Brown v. Illinois factor, i.e., the purpose and flagrancy of the official misconduct. The Court held the totality of the circumstances militated against suppressing the evidence and upheld the judgment of the trial court.