U.S. v. DEBRUHL

No. 09-CO-1208.

993 A.2d 571 (2010)

UNITED STATES, Appellant, v. Lorenzo Ali DEBRUHL, Appellee.

District of Columbia Court of Appeals.

Decided April 22, 2010.


Attorney(s) appearing for the Case

Roy W. McLeese III, Assistant United States Attorney, with whom Channing D. Phillips, Acting United States Attorney, and Lara Worm, and Ann K.H. Simon, Assistant United States Attorneys, were on the brief, for appellant.

Thomas W. Farquhar for appellee.

Chris Kemmitt, Public Defender Service, with whom James Klein, Samia Fam, and Corinne Beckwith, Public Defender Service, were on the brief for amicus curiae Public Defender Service.

Before REID and KRAMER, Associate Judges, and FERREN, Senior Judge.


FERREN, Senior Judge:

This case presents the question whether the federal "exclusionary rule" should be applied retroactively to a pending case after the Supreme Court has issued a decision expanding Fourth Amendment protection that would benefit the defendant if the rule applies.

At the time of appellee Debruhl's arrest for a traffic violation, New York v. Belton,1 as commonly interpreted, allowed the police to search the...

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