6) S+C: Fruits of illegal conduct Flashcards

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1
Q

fruit of poisonous tree + confessions: rule

A

if “but for” connection exists btwn prior const violation + suspect’s st, st may be inadmissible fruit of poisonous tree

unless gvt can prove exception

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2
Q

fruit / confessions: most common exception

A

attenuation

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3
Q

fruit / confessions / attenuation rue

A

the more flagrant the const violation, harder it is to attenuate

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4
Q

fruit / confessions: common scenario

A

unlawful arrest

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5
Q

arrest illegal bc no warrant (and in home or etc) but yes pc: result

A

will be dissipated by valid Miranda waiver, so long as the st is not elicited immediately after the arrest

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6
Q

arrest illegal bc no PC: result

A

harder to dissipate
normally need suspect to be released, then come back to police voluntarily for more questioning

just a valid waiver later is not enough

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