Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. Carter, No. 09-1608

By FindLaw Staff on July 20, 2009 4:54 PM

District court order suppressing disputed evidence related to a bank robbery charge against defendant is reversed where: 1) the out of court identification of defendant based on evidence seized from his apartment was admissible under an attenuation theory as the officer did not know  or should have that the search was likely to be unconstitutional, and thus there was no flagrant and purposeful misconduct that merits application of the exclusionary rule to evidence unearthed subsequent to the warrantless search; 2) the bait bills tying defendant to the robbery were admissible as consent to the search was a sufficient intervening event to break the causal chain between the illegal search, and a search where the bills were found; and 3) defendant's confession was admissible as there was probable cause for his arrest.    

Read US v. Carter, No. 09-1608

Appellate Information
Appeal from the District Court for the Northern District of Illinois, Eastern Division.
Argued March 4, 2009
Decided July 20, 2009

Judges
Before FLAUM, WOOD, and TINDER, Circuit Judges.
Opinion by FLAUM, Circuit Judge.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard