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· 7/21/2006

United States v. Robert Mosley

Citations

  • 454 F.3d 249
  • 2006 U.S. App. LEXIS 18322
  • 2006 WL 2035249

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in cases where the initial stop is illegal, “[t]he bubble of causation, which links a traffic stop to a subsequent search extends to all occupants of the stopped vehicle”
  • agreeing that “[t]he temporal sequence of events makes all the difference,” id. at 256, when assessing causation for the purposes of the exclusionary rule
  • noting that it is the Government’s burden to establish “attenuation, inevitable discovery, independent source, or some intervening act or event sufficient to purge the taint of the illegal stop”
  • explaining that, while the Fourth Amendment prohibits traffic stops without reasonable suspicion, “any technical violation of a traffic code legitimizes a stop, even if the stop is merely a pretext” for something else
  • noting that “passengers in an illegally stopped vehicle have ‘standing’ to object to the stop, and may seek to suppress the evidentiary fruits of that illegal seizure under the fruit of the poisonous tree doctrine”
  • granting the defendant’s motion to suppress where the government had not shown that any exceptions to the fruit of the poisonous tree doctrine existed

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Chagares, Reavley

Read full opinion on CourtListener

Sourced 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.