US v. Ceccolini (1978) case brief summary
Excludable Fruit
Excludable Fruit
FACTS: Officer
goes to flower shop to visit L and sees an envelope. He opens it and
sees policy slips. Officer asks L who the slips are for, and she says
Ceccolini., the owner. He puts the slips back, contacts the FBI (which
was already conducting an investigation). L is called as a witness.
HELD:
Even though the witnesses’ identity was discovered as a result of
illegal search, her testimony is not excluded because even though there
was a causal connection b/w the initial illegality and testimony, the
taint had been dissipated.
KEY POINTS:
· When dealing with live witnesses, the attenuation analysis is different, there needs to be a closer connection to exclude.
· Distinguishable from Wong Sun because none of the evidence seized was used to question L.
· Exclusionary rule should not apply when the crime was committed after the unconstitutional activity.
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