According to the attenuation rule, illegally obtained evidence may be submitted at trial if the connection between illegal police actions and the evidence weakens enough. An example of this
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Get it written →As the prosecutor, I would argue that the attenuation exception would allow the evidence to be presented. According to the attenuation rule, illegally obtained evidence may be submitted at trial if the connection between illegal police actions and the evidence weakens enough. An example of this exception can be an “intervening independent act of free will.” In this case, after being Mirandized, Bratton led police to several additional bodies. Bratton’s girlfriend also led police to additional buried bodies. These were both acts of freewill subsequent to the illegal search by officer Stankowitcz. In light of the evidence of the buried guns, I would argue that they are admissible under the inevitable discovery exception. Under this exception, illegally obtained evidence may be permissible if it would have eventually been obtained legally. In the case of the guns, a search warrant would have eventually been obtained and the guns would have legally been seized. Exclusion of this evidence would have put the government in a worse position because the misconduct would have gone unnoticed.
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