United States Fourth Circuit

Clarifiying that the case US v. Dickerson, 530 U.S. 428 (2000), does not overrule Michigan v. Tucker, 417 U.S. 433 (1974), or Oregon v. Elstad, 470 U.S. 298 (1985), and that the holding in US v. Elie, 111 F.3d 1135 (4th Cir. 1997), based on those two cases, survives, the court upheld the admission of a shotgun found in a truck despite argument that gun was the fruit of a poisonous tree as the result of a Miranda violation.

Appellate Information

• Argued 11/02/2001
• Decided 03/08/2002
• Published 03/08/2002

Judges

• Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martin Gregory Bahl, Federal Public Defender's Office, Baltimore, Maryland, for Appellant.  Susan Quarngesser Amiot, Assistant United States Attorney, Baltimore, Maryland, for Appellee.   ON BRIEF:  James Wyda, Federal Public Defender, Beth M. Farber, Assistant Federal Public Defender, Baltimore, Maryland, for Appellant.  Stephen M. Schenning, United States Attorney, Baltimore, Maryland, for Appellee.