U.S. v. Collins

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Case Number: 
No. 12-3317
Decision Date: 
April 18, 2013
Federal District: 
N.D. Ind., Ft. Wayne Div.
In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to suppress drugs and money seized from defendant during incident in which defendant had previously fled from police after traffic stop. While defendant argued that said evidence should be suppressed since police used excessive force to apprehend and arrest him, Dist. Ct. could properly deny defendant’s motion under Watson, 558 F3d 702, since any use of excessive force cannot be remedied by suppression of evidence. As such, defendant’s only remedy is civil lawsuit against police. Moreover, defendant failed to establish any causal nexus between any use of force and discovery of drugs where record showed that defendant discarded drugs during chase before police applied any force to defendant. Fact that defendant was briefly under arrest for traffic incident prior to time he had fled police did not require different result.