Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

N.D.W.Va.: Second entry was in violation of Fourth Amendment, but not flagrant under Brown, so search not suppressed

By John Wesley Hall, Jr.

Second entry to seize a gun was not a flagrant violation of the Fourth Amendment, so the gun would not be suppressed. United States v. Ramage, 2009 U.S. Dist. LEXIS 111639 (N.D. W.Va. July 13, 2009)*: There are three factors that are relevant and which must be considered by the Court in determining whether the primary taint has been purged: "1) the amount of time between the illegal action and the acquisition of the evidence; 2) the presence of intervening circumstances; and 3) the purpose and flagrancy of the official misconduct." Id. citing Brown v. Illinois, 422 U.S. 590, 604-604, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). "The burden of showing admissibility rests … on the prosecution." United States v. Seidman, 156 F.3d 542, 548 (4th Cir...continue to full post

Full post as published by Fourth Amendment on December 07, 2009 (boomark / email).