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CA2: Plaintiffs' verdict for excessive Terry stop affirmed

By John Wesley Hall, Jr.

Defendant sought immunity so she could testify that consent was coerced, which was denied, so she did not testify on the advice of counsel. The consent was valid based on the only testimony in the record. United States v. Plummer, 2009 U.S. App. LEXIS 18008 (3d Cir. August 13, 2009) (unpublished): The problem for Plummer is that Smith, on the advice of her counsel, would not testify at the suppression hearing without immunity from prosecution. The District Court denied that request after concluding that the extraordinary relief of immunity was not needed for Smith to testify on the limited issue of whether she consented to the search of her apartment for Plummer. Thus the only testimony before the Court at the suppression hearing was that of two police officers to the effect that Smith consented to the search...continue to full post

Full post as published by Fourth Amendment on August 16, 2009 (boomark / email).