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CA6: Acquitted 1991 state search admissible in later conspiracy prosecution

By John Wesley Hall, Jr.

Two searches from 1991 and 1998 were admitted into evidence in defendant's conspiracy trial. He was acquitted in the 1991 case in state court, but the evidence was admissible in a separate proceeding in federal court because it involved a separate sovereign. The 1998 search was a search incident that was valid then and at the time of trial, and the 2009 decision in Gant would not be applied to this in plain error review. United States v. Deitz, 2009 U.S. App. LEXIS 18887, 2005 FED App. 03410P (6th Cir. August 20, 2009). As to the 1991 search and acquittal: However, the complex conspiracy at issue in Count 1 of the superseding indictment encompasses substantially different elements from those at issue in the violation of Kentucky statutes prohibiting possession of and trafficking in controlled substances...continue to full post

Full post as published by Fourth Amendment on August 25, 2009 (boomark / email).