Kim E. Smith v. United States
111 A.3d 1
| D.C. | 2014Background
- Traffic stop premised on license plate frame obstructing motto, not actually violating law.
- Officer Cartwright stopped based on perceived violation of 18 DCMR §§ 422.5/422.6, later found to be a mistake of law.
- Arrest warrant application relied on the tainted stop and on drugs found in appellant’s car and person.
- April 11, 2012 arrest yielded additional marijuana and paraphernalia seized incident to arrest.
- Trial court suppressed the March stop evidence but allowed April 11 evidence; defense moved to suppress all related evidence.
- Appellant argues derivative evidence should be suppressed under Wong Sun; the court preliminarily addresses Franks and good-faith considerations, ultimately suppressing derivative evidence as tainted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial stop was lawful. | Whitfield shows an illegal stop based on license plate framing. | Stop lacked lawful basis; mistake of law invalidates stop. | No lawful basis for stop; mistake of law invalidates stop. |
| Whether derivative evidence must be excluded. | Derivative evidence should be suppressed as fruit of tainted stop. | Possession of warrant and independent source may purge taint. | Derivative evidence suppressed; taint not purged. |
| Does independent source/attenuation apply to purge taint? | No independent source to purge taint. | Independent source or attenuation could prevent exclusion. | No independent source or sufficient attenuation found. |
| Does the Leon good-faith exception apply here? | Not applicable as stop was unlawful. | Leon could apply if officers reasonably relied on warrant. | Good-faith exception not applicable; underlying illegality taints warrant. |
Key Cases Cited
- Whitfield v. United States, 99 A.3d 650 (D.C. 2014) (license plate framing not a true violation; stop based on law misinterpretation is invalid)
- In re T.L., 996 A.2d 805 (D.C. 2010) (mistake of law cannot provide basis for reasonable suspicion or probable cause)
- Murray v. United States, 487 U.S. 533 (U.S. 1988) (exclusionary rule may permit independent source doctrine where attenuated taint exists)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (fruit of unlawful police action is excluded unless independent source or attenuation applies)
- United States v. McClain, 444 F.3d 556 (6th Cir. 2005) (good-faith exception when officer perception is close to line of validity)
- United States v. Fletcher, 91 F.3d 48 (8th Cir. 1996) (good-faith exception considerations in suppression rulings)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (standard for challenging accuracy of warrant affidavits)