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CA7: Witness ID was attenuated and not subject to exclusionary rule

By John Wesley Hall, Jr.

Identification of a witness is not subject the exclusionary rule. It was also attenuated from the alleged illegal act. (This case also has an excellent two paragraph discussion of attenuation if you need it, at 7-8 of the pdf.) United States v. Carter, 2009 U.S. App. LEXIS 15845 (7th Cir. July 20, 2009): The Ninth Circuit has previously held that "it is not sufficient in demonstrating taint that ... an illegal search uncovers the alleged perpetrator's identity, and therefore 'directs attention to a particular suspect.' " United States v. Smith, 155 F.3d 1051, 1061 (9th Cir. 1998) (citation omitted). The Eighth Circuit has reached a similar conclusion. United States v. Watson, 950 F.2d 505, 508 (8th Cir. 1991) ("[W]e conclude that where a law enforcement officer merely recommends investigation of a particular individual based on suspicions arising serendipitously from an illegal search, the causal connection is sufficiently attenuated so as to purge the later investigation of any taint from the original illegality...continue to full post

Full post as published by Fourth Amendment on July 23, 2009 (boomark / email).