U.S. Supreme Court
Mar. 2, 2016
Not your father's Terry stop
When the Supreme Court heard oral argument in Utah v. Strieff last week, Justice Scalia's passing was marked with a black drapery in the courtroom. By Marc Rotenberg
The U.S. Supreme Court is currently considering Utah v. Strieff, a case that concerns a search after an unlawful police stop. Under the exclusionary rule, such evidence would normally be out of bounds. But the attenuation doctrine permits the use of the evidence if an intervening act, such as a voluntary confession, "weakens the taint" of the original unlawful search.
In this case, Mr. Strieff was stopped with les...
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