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Attenuation of Taint

Brown v. Illinois U.S. 1975
1. Temporal Proximity
2. Intervening circumstance
3. Purposeful or flagrancy of police misconduct MOST IMPORTANT


In Texas, explain how evidence in Motion to Suppress works?

• Judge can reopen MTS at any point before final argument OF TRIAL – Black v. State CCA 2012
• Generally only consider evidence at MTS hearing – unless re-litigated by consent Beall FW ‘07
• CCP 28.01 Sec. 1 (6) when hearing is granted – may consider motions themselves, affidavits, oral testimony – subject to court’s discretion