Wednesday, March 21, 2012

A Good Suppression Case for Defenders

McCraney, published today, is a good decision for defenders in which the Sixth Circuit upheld the suppression of a gun. The automobile stop was higly pretextual -- failure to dim high-beams and a vague assertion of "reaching down."

Most importantly, the Court showed that Arizona v. Gant, 556, U.S. 332 (2009) still has some teeth. The vehicle search that discovered the firearm was conducted with the unarrested defendants outside of the car. This case is worth a read if you have a client with any related issues.

1 comment:

Zach said...
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