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119
Brown/Wong Sun
"Attenuation" Doctrine attenuation of the taint
Mulit-Factor Test Includes:
(1) Remoteness in time b/n evidence and illegality
(2) Remoteness in chain of events b/n evidence and illegality
(3) Intervening Acts of Free Will
(4) Flagrancy of the Police Violation (Purposeful?)
(5) Nature of the Evidence
Blackmun in Brown Not ready to say the Miranda warnings and rights which cause a voluntary confession are per se an intervening act of free will. Then Police would use that techinque all the time.
Mulit-Factor Test Includes:
(1) Remoteness in time b/n evidence and illegality
(2) Remoteness in chain of events b/n evidence and illegality
(3) Intervening Acts of Free Will
(4) Flagrancy of the Police Violation (Purposeful?)
(5) Nature of the Evidence
Blackmun in Brown Not ready to say the Miranda warnings and rights which cause a voluntary confession are per se an intervening act of free will. Then Police would use that techinque all the time.
Flashcard info:
Author: tjkoger
Main topic: Law
Topic: Criminal Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009