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Task: Search Incident to Arrest following Bad Stop:
”Attenuation of Taint”
Utah v. Strieff, 136 S.Ct. 2056 (2016).
•Fruit of Poisonous Tree may not apply where stop was bad, arrest
warrant discovered during bad stop, contraband/evidence discovered
incident to arrest for warrant.
•Factors Court will consider to decide if bad stop was sanitized:
– How mush time passed between bad stop and the search.
(Temporal Proximity)
– Was there any intervening factors.
– Was the officer’s conduct flagrant such that it should be
punished by exclusion of the evidence to deter future misconduct
by officers
©2021 Jack Ryan Legal & Liability Risk Management Institute 35
