Warrantless Entries into Residence; The Attenuation Doctrine and Attenuation of the Taint: Fruit of ...

Warrantless Entries into a Residence

The Attenuation Doctrine and Attenuation of the Taint

Fruit of the Poisonous Tree and Attenuation of the Taint

When the causal connection between unconstitutional police conduct and subsequently discovered evidence is remote or has been interrupted by some intervening circumstance, so that the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained, then the resulting evidence might still be admissible.  The “attenuation of the taint doctrine” is an exception to the “fruit of the poisonous tree” rule.

After chasing a wanted suspect to the door of defendant’s apartment, and arresting him as he tried to escape via a back window, officers entered defendant’s apartment without a warrant and without consent for the stated purposes of checking the welfare of anyone inside (i.e., the “emergency aid exception”) and/or as a “protective sweep” for other suspects.  While inside, the officers contacted defendant (who appeared to have been sleeping), held him at gunpoint, ....