United States v. Hemingway

MEMORANDUM ORDER

RICHARD W. ROBERTS, District Judge.

The government moves for reconsideration of the order suppressing the physical evidence seized in this case. The court had found that the police began a warrantless search of the defendant’s car in violation of the Fourth Amendment, and that the arrest of the defendant and seizure of the physical evidence were fruits of the illegal search. The government argues, as it did at the motions hearing, that probable cause to arrest the defendant for possession of an open container of alcohol (“POCA”) did exist when the search began.

The Federal Rules…