{"id":5953,"date":"2011-12-28T17:42:05","date_gmt":"2011-08-28T00:22:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-27T13:25:46","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5953","title":{"rendered":"DC: Taking defendant in for lineup was unlawful detention; cocaine found after arrest suppressed"},"content":{"rendered":"

Defendant was seized without reasonable suspicion he was involved in a robbery and taken in for a lineup. After he was potentially IDed he was arrested and searched, and cocaine was found on his person. His detention was unlawful, and the cocaine should have been suppressed. Bennett v. United States<\/a>, 26 A.3d 745 (D.C. App. 2011):<\/p>\n

Here, the police detained appellant in the absence of exigent circumstances that would have satisfied the “narrowly circumscribed” witness exception. The seizure of appellant was not a brief stop conducted to freeze a fast-moving and dangerous situation so that a witness could be questioned before he fled the scene of the crime. Appellant was not fleeing, but instead \u2014 over seven minutes after the robbery \u2014 was standing on his street smoking a cigarette. When the police approached him, he may have been argumentative, but he ultimately answered their questions and gave them his identifying information. He also spoke to his mother via cell phone and paced up and down the street, where she joined him. This controlled, relatively calm scenario is the opposite of the quick sequence of events that occurred in Trice following a violent crime involving a weapon. Further, there was no danger that the police would lose the opportunity to question appellant about the crime, since they obtained his identifying information and would have been able to locate him for further questioning if necessary. Cf. Hawkins, 663 A.2d at 1226-27 (declining to apply Williamson exception where other methods of investigation were “readily available”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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