P. v. Wejbe CA4/3
Respondent Matthew Wejbe was charged with multiple crimes after he was found in possession of stolen property during a police encounter. There is no dispute he was unlawfully detained at the outset of the encounter. The only question is whether the Fourth Amendment’s exclusionary rule requires suppression of the stolen property on that basis. Answering that question in the affirmative, the trial court dismissed the charges against Wejbe. On appeal, the People contend the attenuation and inevitable discovery exceptions to the exclusionary rule apply so as to salvage the case. We agree that intervening circumstances attenuated the taint of Wejbe’s unlawful detention. Therefore, we reverse and remand for further proceedings.
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