United States Second Circuit

In government's appeal from district court's order suppressing both the physical evidence seized during the car search and the defendants' post-arrest statements, the order is affirmed, where: 1) the district court's finding that the trooper unlawfully stopped and seized the car was not clearly erroneous; 2) the taint of the unlawful seizure had not dissipated at the time defendant Webster consented to the search of the car; and 3) the district court did not err in concluding that neither defendant waived his Miranda rights.

Appellate Information

• Decided 12/04/2012
• Published 12/04/2012

Judges

• LOHIER

Court

• United States Second Circuit

Counsel