To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library




Inadmissible Fruits Of A Fourth Amendment Violation

A. Evidence Obtained by Exploiting Illegality

When police obtain evidence by exploitation of a violation of the Fourth Amendment, such evidence must be excluded as the fruit of that violation. Evidence may be admitted, however, if it is obtained by means sufficiently distinguishable to be purged of the primary taint.

B. Evidence Obtained Following Fourth Amendment Violations During Arrest

Where an arrest is made without probable cause, a Miranda warning is not sufficient per se to purge the taint of the illegality from a subsequent incriminating statement by the arrestee that is an inadmissible fruit of the arrest. But where an arrest is made with probable cause, a subsequent statement is not an inadmissible fruit of the fact that an illegal house entry occurred prior to the arrest.

Create New Group

Casebriefs is concerned with your security, please complete the following