Search and Seizure

Question 1

Attenuation of Taint

Answer 1

Brown v. Illinois U.S. 1975

1. Temporal Proximity
2. Intervening circumstance
3. Purposeful or flagrancy of police misconduct MOST IMPORTANT

Question 2

In Texas, explain how evidence in Motion to Suppress works?

Answer 2

• Judge can reopen MTS at any point before final argument OF TRIAL – Black v. State CCA 2012
• Generally only consider evidence at MTS hearing – unless re-litigated by consent Beall FW ‘07
• CCP 28.01 Sec. 1 (6) when hearing is granted – may consider motions themselves, affidavits, oral testimony – subject to court’s discretion