State v. Sizer

STATE OF MARYLAND v. JAMAL RASHEED SIZER
Court of Special Appeals, Moylan, Nov. 29, 2016,
Terry Stop – For Terry purposes, a “high-crime area” need not be as violent as Wardlow‘s south Chicago.

Affirmed on other grounds by COA

(Concur – Graeff- Agrees that stop was valid, evidence shouldn’t be excluded even if stop invalid, but disagrees and thinks the “but-for”/”attenuation” analysis is proper)
(Judge Moylan writes individually to explain the difference between Attenuation, Independent Source, and Inevitable Discovery)
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Utah v. Strieff

UTAH v. EDWARD JOSEPH STRIEFF, JR.
Supreme Court of the United States, Thomas, June 20, 2016,
Search – Exclusionary Rule – Evidence recovered from a suspect search incident to a valid arrest warrant need not be excluded even where the initial detention lacked reasonable suspicion

(Dissent – Sotomayor joined by Ginsburg for parts I-III – Starts by misstating the Court’s holding, then provides legitimate points related to a constitutional violation providing the basis for a constitutional search, then on her own discusses racial impact of unconstitutional policing)
(Dissent – Kagan with Ginsburg – Discovery of an arrest warrant after an unconstitutional stop is not an “intervening circumstance,” it is a product of the unconstitutional stop)
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