 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1979 - 996 pages
...to light but for the illegal actions of the police. Rather, the more apt question in such a case is 'whether, granting establishment of the primary illegality,...primary taint.' Maguire, Evidence of Guilt, 221 (1959)." Wong Sun v. United States, 371 US, at 487-488. 10"[T]he unlawful arrest produced photographs which... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1967 - 216 pages
...then shift to the Government to convince the trial judge that the proof had an Independent origin." tion the pretrial identification as part of the State's...Maguire, Evidence of Guilt 221 (1959). See also Hoffa v. United States, 385 US 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1967 - 212 pages
..."Whether, granting itablishment of the primary illegality, the evidence to which instant objection made has been come at by exploitation of that illegality or instead by means ifficiently distinguishable to be purged of the primary taint." Maguire, Evience of Guilt 221 (1959).... | |
 | United States. Supreme Court - Courts - 1968 - 654 pages
...the witness' testimony that he also identified the accused at the lineup. 218 Opinion of the Court. in an attempt to discover and reveal unfairness, while...Maguire, Evidence of Guilt 221 (1959)." See also Hoffa v. United States, 385 US 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Congress. Senate. Judiciary - 1968 - 1834 pages
...then shift to the Government to convince the trial judge that its proof had an independent origin." in an attempt to discover and reveal unfairness, while...Maguire, Evidence of Guilt 221 (1959)." See also Hoffa v. United States, 385 US 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 pages
...shift to the Government to convince the trial judge that its proof had an independent origin." 557 in an attempt to discover and reveal unfairness, while...Maguire, Evidence of Guilt 221 (1959)." See also Hoffa v. United States, 385 US. 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1968 - 1430 pages
...applied in these situations is that quoted in Wong Sun v. United States, 371 US 471, 488, " '[WJhether, granting establishment of the primary illegality,...Maguire, Evidence of Guilt 221 (1959)." See also Hoffa v. United States, 385 US 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Supreme Court - Law reports, digests, etc - 1968 - 640 pages
...371 US 471, 488, " ([W]hether, granting establishment of the primary illegality, tjh^evidencejojwhich instant objection is made has been come at by exploitation...taint.' Maguire, Evidence of Guilt 221 (1959)." See also Hofia v. United States, 385 US 293, 309. Application of this test in the present context requires consideration... | |
 | United States. Supreme Court - Courts - 1969 - 1102 pages
...conversations overheard by electronic surveillance. ALDERMAN v. UNITED STATES. 181 165 Opinion of the Court. granting establishment of the primary illegality,...distinguishable to be purged of the primary taint.'" See also Nardone v. United States, 308 US 338, 341 (1939). The Government concedes that it must disclose... | |
 | United States. Congress. House. Committee on the Judiciary - 1970 - 1586 pages
...to light but for the illegal actions of the police. Rather, the more apt question in such a case is whether, granting establishment of the primary illegality,...distinguishable to be purged of the primary taint. [Citing Maguire, Evidence of Guilt, 221 (1959)]. As a result of the above oases, the Federal courts,... | |
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We need not hold that all evidence is "fruit of the poisonous tree" simply because it would not have come to light but for the illegal actions of the police. Rather, the more apt question in such a case is "whether, granting establishment of the primary... 
