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Despite believing police officers abused their authority in ordering a man to stop without reasonable suspicion, the 2nd Circuit said that U.S. Supreme Court case law requires it to uphold the man's conviction. The circuit reluctantly ruled the defendant's drug conviction must stand because the Fourth Amendment does not require the exclusion of evidence obtained as a result of police unreasonably initiating a stop, and therefore "the drugs did not have to be suppressed as the fruit of the poisonous tree."
May 17, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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