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Kevin D. Bennett v. United States

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(Argued June 16, 2011

Before FISHER and THOMPSON, Associate Judges, and KING, Senior Judge.

At a show-up identification, a robbery victim identified appellant Kevin Bennett as one of the assailants and Bennett was arrested. The robbery charge against Bennett eventually was dropped, but during a search incident to his arrest as a robbery suspect, police found cocaine in Bennett’s pocket. Bennett subsequently entered a conditional guilty plea on a charge of attempted possession with intent to distribute cocaine, reserving the right to appeal the trial court’s denial of his motion to suppress the cocaine. In this appeal, Bennett argues that the trial court erred in denying the suppression motion because the police seized him for the show-up identification without reasonable articulable suspicion or an exigent-circumstances basis to detain him, and because it was the unlawful seizure that enabled the chain of events that led to his arrest and search and thus to discovery of the cocaine. We are persuaded by appellant’s argument and therefore reverse his conviction.

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