Legal Opinion

United States v. Robert Mosley

Court of Appeals for the Third Circuit

Decided July 21, 2006No. 05-1519PublishedCited by 104 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

We are presented here with a casebook-ready fact pattern implicating an area of Fourth Amendment law that has long been a source of confusion. Today we explain, as clearly as we can, how the exclusionary rule applies in cases in which evidence obtained during an illegal traffic stop is introduced against a passenger with no possessory interest in the vehicle.

We hold that when a vehicle is illegally stopped by the police, no evidence found during the stop may be used by the government against any occupant of the vehicle unless the government can show…

2Cases cited55 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Delaware v. ProuseSupreme Court of the United States · 1979
  5. Brown v. IllinoisSupreme Court of the United States · 1975

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3Cited by104 opinions

  1. Brendlin v. CaliforniaSupreme Court of the United States · 2007
  2. United States v. StearnCourt of Appeals for the Third Circuit · 2010
  3. State v. SundSupreme Court of Missouri · 2007
  4. United States v. SilveusCourt of Appeals for the Third Circuit · 2008
  5. United States v. Harry KatzinCourt of Appeals for the Third Circuit · 2014

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