· 9/17/1979
United States v. Derek James Beck
Citations
- 602 F.2d 726
- 1979 U.S. App. LEXIS 11784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when the defendant threw contraband from his car after being illegally stopped, the relinquishment was not voluntary, and it would be “sheer fiction to presume [it was] caused by anything other than the illegal stop.”
- finding a seizure because the officers pulled so close to the vehicle that was parked on the side of the road, which had the driver’s side door closest to the curb, that they effectively restrained the detainee and his passenger
- suspect’s abandonment of contraband after illegal seizure “must be truly voluntary and not merely the product of police misconduct”
- suspect's abandonment of contraband after illegal seizure \must be truly voluntary and not merely the product of police misconduct\
- defendant threw marijuana out a window onto ground after illegal stop — no abandonment
- objects thrown out of car window after illegal stop properly excluded from evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Vance, Allgood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.