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The Champion

August 2017 , Page 57 

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Search & Seizure Commentary: Moving to Suppress After Utah v. Strieff

By Bridget Krause and Deja Vishny

Read more Search & Seizure columns.

In 2016 the U.S. Supreme Court severely curtailed Fourth Amendment protections when it issued its decision in Utah v. Strieff.1 Edward Strieff was leaving a suspected drug house under police surveillance when he was stopped by the police. The police officer requested his identification, ran a warrant check, and arrested him on an outstanding traffic warrant. He found drugs on Strieff’s person when he searched him incident to the arrest.

The Attenuation Doctrine

The government conceded the initial stop was an unlawful Fourth Amendment violation, but nonetheless said the arrest, search, and seizure were lawful by greatly expanding the attenuation doctrine. Under the attenuation doctrine, unlawfully seized evidence can be admitted when the connection between unlawful police conduct and obtaining evidence is either remote in time or has been interrupted by some intervening circumstance. Justice Thomas wrote the Court’s opinion. The Court stated that even though there was l

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