United States v. Havens

A customs officer found cocaine sewn into a T-shirt worn by John McLeroth, who said Havens (defendant) had sewn the pockets. Havens's suitcase was searched without a warrant and agents found a matching cut-up T-shirt, but that evidence was suppressed before trial. At trial McLeroth testified Havens made and gave him the pockets, and Havens testified on direct that he was not involved with the material taped to McLeroth's body. On cross-examination the government asked Havens about the T-shirt in his suitcase, which he denied knowing about, and the government then used the suppressed T-shirt and a rebuttal witness to impeach him. Havens was convicted, and the Court of Appeals reversed, holding suppressed evidence could impeach only statements made on direct examination.