United States v. Baez

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

The question presented is whether evidence gathered through a technique authorized by a number of Courts of Appeals — other than the First Circuit which had not addressed the issue — should be suppressed in this arson case because "the Supreme Court held the technique violative of the Fourth Amendment well after the evidentiary initiative used here was completed. I conclude that the exclusionary remedy is not appropriate in these circumstances and will consequently deny the defendant’s motion to suppress.

Defendant Jose Baez has moved to…