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Suppressing Identity

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This is shaping up to be a big term for Fourth Amendment cases.  This morning the U.S. Supreme Court took up the decision of the New York Court of Appeals (the highest court in NY) in Tolentino v. New York, 09-11556. The state court decision (People v. Tolentino, No. 37) is here.

The police stopped Jose Tolentino for playing music in his car too loudly.  Upon learning his identity, they checked the records and discovered his driver's license had been suspended.  Ten times.

Assuming the stop was invalid, is information in the public's own records, connected to the defendant by nothing but learning his identity, "fruit of the poisonous tree" and therefore subject to suppression under Mapp v. Ohio?  The NYCA said no, and never got around to deciding if the tree is poisonous.  (Stopping people for playing their car stereos at airplane-engine levels is something the police need to do more often, IMHO.)

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