Legal Opinion
United States v. Kenny Eugene Smart
Court of Appeals for the Eighth Circuit
Decided February 9, 2005No. 04-1480PublishedCited by 68 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
The United States seeks interlocutory review of a district court order granting a motion to suppress a handgun seized from Kenny Smart’s vehicle. After concluding that the police obtained the handgun pursuant to a stop of Mr. Smart’s car that was premised on a mistake of law, the district court held that the evidence seized during the subsequent search of the car was the fruit of the poisonous tree. We reverse and remand for further proceedings.
We review the district court’s factual findings for clear error and its legal conclusions de novo. United States…
2Cases cited11 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. ArvizuSupreme Court of the United States · 2002
- United States v. Gregory Lynn Cummins, United States of America v. Timothy Akins, A/K/A Michael MayfieldCourt of Appeals for the Eighth Circuit · 1991
- Linda Johnson Reginald Johnson v. Aaron CrooksCourt of Appeals for the Eighth Circuit · 2003
- United States v. Michael D. SandersCourt of Appeals for the Eighth Circuit · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- McKenney v. HarrisonCourt of Appeals for the Eighth Circuit · 2011
- United States v. Dale Joseph MartinCourt of Appeals for the Eighth Circuit · 2005
- United States v. StewartCourt of Appeals for the Second Circuit · 2009
- United States v. Mario Alberto Bueno, United States of America v. Mario Alberto BuenoCourt of Appeals for the Eighth Circuit · 2006
- United States v. Timothy W. WashingtonCourt of Appeals for the Eighth Circuit · 2006
63 more not listed; retrieve them via the Exa API.