State v. Luis E. Bermudez, 221 Wis. 2d 338, 585 N.W.2d 628 (Ct. App. 1998) For Bermudez: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Consent given following illegal entry was, though, voluntary, the fruit of the illegality: When applying the attenuation theory, the following must be considered: (1) the temporal proximity of the misconduct and the… Read more
2. Attenuation of taint
State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Issue/Holding: Entry into defendant’s bedroom was preceded by a concededly illegal entry into defendant’s living area, in basement of house. The court holds that any taint was dissipated by the time consent was given… Read more
State v. David J. Roberson, 2006 WI 80, affirming 2005 WI App 195 For Roberson: Richard D. Martin, SPD, Madison Appellate Issue/Holding: ¶34 An in-court identification is admissible, therefore, if the court determines that the identification is based on an independent source. … In other words, the in-court identification must rest on an independent recollection of the… Read more
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding1: Our inquiry does not end here, however. Because the agents’ entry constituted a violation of Kiekhefer’s Fourth Amendment protections, the question remains whether all of the seized evidence should be suppressed utilizing the attenuation doctrine articulated… Read more
State v. Wilfred E. Tobias, 196 Wis.2d 53, 538 N.W.2d 843 (Ct. App. 1995) For Tobias: Barbara A. Cadwell Issue/Holding1: The primary concern in attenuation cases is whether the evidence objected to was obtained by exploitation of a prior police illegality or instead by means sufficiently attenuated so as to be purged of the taint. Anderson… Read more
