6) S+C: Fruits of illegal conduct Flashcards
fruit of poisonous tree + confessions: rule
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
fruit / confessions: most common exception
attenuation
fruit / confessions / attenuation rue
the more flagrant the const violation, harder it is to attenuate
fruit / confessions: common scenario
unlawful arrest
arrest illegal bc no warrant (and in home or etc) but yes pc: result
will be dissipated by valid Miranda waiver, so long as the st is not elicited immediately after the arrest
arrest illegal bc no PC: result
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