Also known as: purge the primary taint · purging the primary taint · primary taint purged · attenuation doctrine · fruit of the poisonous tree
Written by attorneys · grounded in primary & secondary sources — see below
Evidence obtained after an initial constitutional violation that is admissible because intervening events or circumstances have broken the causal link to the illegality.
Paul Peterson was arrested without probable cause and held for questioning. Two days later he appeared at the station with counsel and voluntarily surrendered records that led investigators to additional evidence. The passage of time and his counseled decision broke the connection to the initial detention.
Portia Price's apartment was entered without a warrant. Two days later she returned voluntarily with counsel and consented to a search that produced the same records. Her independent decision after release created a break sufficient to purge the taint from the initial entry.
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Phuong Pham's apartment was entered without a warrant and her laptop seized. Three days later she appeared voluntarily at the station, was told she was free to leave, and supplied server credentials. Her independent choice after release severed the link to the initial entry.
Paula Pierce was placed in a lineup without counsel. At trial the victim identified her after the passage of several weeks and after consulting an attorney. The substantial time gap and intervening legal advice dissipated any taint from the unlawful lineup.
Penelope Price's conversations were recorded without a warrant. At trial a witness who had learned the same information through a separate lawful investigation testified after a month-long delay. The witness's independent knowledge and the elapsed time meant the testimony was not obtained by exploitation of the wiretap.
Priya Prasad was detained without probable cause and questioned. After release she returned days later with counsel and gave a statement. The intervening release and voluntary return with counsel dissipated any connection to the initial detention.
Courts examine the time between the illegality and discovery of the evidence, any intervening circumstances, and the purpose and flagrancy of the misconduct. Purposeful or flagrant misconduct weighs heavily against a finding that the taint has dissipated.
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A voluntary statement made after release and with counsel can constitute an intervening circumstance that severs the causal chain. The passage of time combined with the suspect's independent decision to come forward supports admissibility under the attenuation doctrine.
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Evidence is admissible if it rests on information wholly separate from the illegal conduct. Preexisting tips or records that alone support probable cause break the link to the tainted source and allow admission.
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Flagrant misconduct, such as a deliberate warrantless intrusion over an extended period, weighs strongly in favor of suppression. Courts are reluctant to find attenuation when the violation was calculated and invasive.
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…objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint.' Maguire, Evidence of Guilt 221 (1959)." See also Hoffa v. United States , 385 U. S. 293, 309 . Application of this test in the present context requires consideration of various factors;…