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Second Circuit Review: Holding Police Accountable: Second Circuit Issues Opinion in "Walker"

August 26, 2020

Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Holding Police Accountable: Second Circuit Issues Opinion in 'Walker,’” appeared in the August 26 issue of the New York Law Journal. The authors discuss a timely Second Circuit decision in United States v. Walker, reversing the district court’s denial of Jaquan Walker’s motion to suppress statements made and narcotics discovered during a search incident to arrest. In an opinion that indicates increased scrutiny of law enforcement’s legal boundaries, the court held that police officers lacked an objectively reasonable belief that Walker had participated in criminal activity because their stop was based on Walker’s alleged match to a photograph that “provided little meaningful identifying information to the police besides the race of a suspect,” and, further, that the narcotics and statements discovered as a result were inadmissible. 

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