United States v. Stamper

91 Fed.Appx. 445 (2004)

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United States v. Stamper

United States Court of Appeals for the Sixth Circuit
91 Fed.Appx. 445 (2004)

Facts

Police officers entered the motel room occupied by Stamper (defendant), his girlfriend, and their two children after the officers learned that the Trans Am parked in front of the room had been reported stolen. The officers did not have a warrant to enter the room. The officers took Stamper into custody and asked him about the Trans Am. Stamper told the officers that he had found the vehicle. A subsequent search of the motel room resulted in the seizure of a handgun belonging to Stamper. Due to outstanding warrants, Stamper was transferred into the custody of the FBI in Kentucky. An officer forwarded to the FBI a photographic line-up based on Stamper’s arrest photo. FBI Agent Steven Wight subsequently presented the photographic line-up to a car salesman who identified Stamper as the man who stole the car by force during a test drive. Another salesman, who was present when the car was taken for the test drive, also identified Stamper as the offender. Both men also identified Stamper in court as the carjacker. Stamper filed a motion to suppress the arrest photograph and any identifications of him based on the unlawful arrest in the motel room. The district court denied Stamper’s motion and he appealed.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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