Sunday, May 18, 2014

US v. Ceccolini case brief summary

US v. Ceccolini (1978) case brief summary

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.
·         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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