On Point blog, page 5 of 5
Attenuation of Taint — Consent — Following Illegal Entry
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, though “only a few minutes [had] elapsed.”
Attenuation of Taint — In-Court Identification, Witness’s Independent Recollection
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 witness’s initial encounter with the suspect.
Attenuation of Taint — Statements
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, 165 Wis.2d at 447-48, 477 N.W.2d at 281.