State v. Bailey

The per se rule of State v. Dempster that “the discovery and execution of a valid arrest warrant necessarily attenuate the taint of preceding unlawful police conduct,” specifically with evidence found upon search incident to said arrest, is overturned in light of Brown v. Illinois' factor test. Officers still may lawfully arrest and then search a defendant.

Defendant was unlawfully detained when officers found that he had an outstanding arrest warrant. Defendant was subsequently arrested, and pursuant to a search incident to arrest, drugs were found on Defendant's person. The trial court held and Court of Appeals affirmed that the drug charges did not fall under the state and federal exclusionary rules because the drug evidence was sufficiently attenuated from the unlawful detainment due to the arrest occurring as a result of the outstanding arrest warrant. The lower courts based their holding on this Court's prior decision of State v. Dempster. Defendant appealed the denial of his motion to suppress the drug evidence contending that the subsequent evidence stemmed from the initial unlawful detainment. This Court held that if, under unlawful detainment, it is discovered that the person being detained has a warrant for his arrest, the police can then lawfully arrest and search the defendant. However, evidence found on the search incident to arrest is liable to the factor test under Brown v. Illinois. The current case, pursuant to the factors of Brown, does not establish sufficient attenuation from the unlawful detainment. REVERSED.