United States v. Anderson, No. 13-4152 (2d Cir. 2014)Annotate this Case
Defendant and his wife were indicted on drug possession and conspiracy charges. Husband moved to suppress evidence of drugs wife was concealing in her vaginal cavity. The district court granted the motion and the Government appealed. The court concluded, pursuant to United States v. Payner, that husband may not suppress on substantive due process grounds evidence obtained as a consequence of an illegal search of his wife rather than himself. Accordingly, the court reversed the district court's judgment.