State v. Battle

Defendant appeals his convictions for burglary in the first degree and attempted burglary in the first degree. He claims that the trial court erred in denying his motion to suppress evidence found as a result of an allegedly illegal stop and frisk. He also claims that evidence seized after his arrest, the victim’s out-of-court identification and his confession were the result of the illegal stop and frisk and should have been suppressed as “fruits of the poisonous tree” under Wong Sun v. United States, 371 US 471, 83 S Ct 407, 9 L Ed 2d 441 (1963).

On February 10, 1981, at 11 a.m., officer…