United States v. Currington

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendants Robert Currington and Frank Townsend, indicted in two counts alleging possession of heroin in violation of 21 U.S.C. §§ 812, 841(a)(1) and .841(b)(1)(A), have moved under Fed.R.Crim.P. 41(e) to suppress evidence found in Townsend’s car and apartment and in Currington’s apartment. Primarily, they claim that police officers lacked sufficient probable cause to stop and search Townsend’s car and that, as a result, all evidence ultimately derived from that search must be suppressed as “fruit of the poisonous tree.” After having heard…