United States v. Stamper
United States Court of Appeals for the Sixth Circuit
91 Fed.Appx. 445 (2004)
Officers entered Stamper's (defendant) motel room without a warrant after learning the car parked outside was reported stolen, took Stamper into custody, and later seized a handgun from the room. Because of outstanding warrants, Stamper was transferred to FBI custody, and an arrest photo was used to build a photo lineup. Two salesmen who had been carjacked identified Stamper from that lineup and later in court. Stamper moved to suppress the arrest photograph and all identifications flowing from it, arguing they were tainted by the unlawful, warrantless entry into his motel room. The district court denied the motion, and Stamper appealed.
Whether, where police lacked a warrant to arrest a suspect in a hotel room in violation of the Fourth Amendment, a photograph of the defendant taken after that unlawful arrest is subject to suppression under the exclusionary rule.