Nardone v. United States, 308 U.S. 338 (1939). · Go Syfert
Nardone v. United States, 308 U.S. 338 (1939). Cases Citing This Book View Copy Cite
5,944 citation events (1,345 in the last 25 years) across 199 distinct courts.
Strongest positive: Kitroser v. United States (nysd, 2019-10-22)
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discussed Cited as authority (verbatim quote) Kitroser v. United States
S.D.N.Y. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the burden is, of course, on the accused in the first instance to prove to the trial court's satisfaction that wire-tapping was unlawfully employed.
examined Cited as authority (verbatim quote) State v. Rosengren (3×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2000 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
vidence is not to be excluded if the connection between the illegal police conduct and the discovery and seizure of the evidence is 'so attenuated as to dissipate the taint.
examined Cited as authority (quoted) United States v. Ahmed (3×)
E.D.N.Y · 2015 · signal: see · quote attribution · 3 verbatim quotes · confidence high
cjlaims that taint attaches to any portion of the government's case must satisfy the trial court with their solidity and not be merely a means of eliciting what is in thé government's possession before its submission to the jury.
examined Cited as authority (quoted) United States v. Williams (3×)
D. Minnesota · 2010 · quote attribution · 3 verbatim quotes · confidence low
the burden is, of course, on the accused in the first instance to prove to the trial court's satisfaction that wiretapping was unlawfully employed.
examined Cited as authority (quoted) United States v. Olivares-Rangel (6×)
10th Cir. · 2006 · signal: see also · quote attribution · 6 verbatim quotes · confidence low
he knowledge gained by the government's own wrong cannot be used by it simply because it is used derivatively.
examined Cited as authority (quoted) United States v. Angulo-Hurtado (3×)
N.D. Ga. · 2001 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the burden is, of course, on the accused in the first instance to prove to the trial court's satisfaction that wire-tapping was unlawfully employed.
discussed Cited as authority (quoted) Wiretapping by Members of the Naval Intelligence Service
OLC · 1941 · quote attribution · 1 verbatim quote · confidence low
nardone ii
discussed Cited as authority (rule) PSP NE, LLC v. PWAB; Appeal of: BLLC
Pa. · 2026 · confidence medium
Id. at 31. 5 See, e.g., McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973) (employment discrimination); Batson v. Kentucky, 476 U.S. 79, 97 (1986) (race-based peremptory challenges); Nardone v. United States, 308 U.S. 338, 341 (1939) (suppression of incriminating evidence); In re Fortieth Statewide Investigating Grand Jury, 220 A.3d 558 , 568 (Pa. 2019) (disclosure of records claimed to be protected by a privilege); Gussom v. Teagle, 247 A.3d 1046 (Pa. 2021) (service of process); Borough of Perkasie v. Moulton Builders, Inc., 850 A.2d 778 (Pa. Cmwlth. 2004) (conditional use application…
cited Cited as authority (rule) United States v. Leonard
5th Cir. · 2026 · confidence medium
Although that once led the exclusionary rule to be celebrated, see Nardone v. United States, 308 U.S. 338, 340 (1939), that is no longer the case.
discussed Cited as authority (rule) Com. v. Rosario, K.
Pa. Super. Ct. · 2025 · confidence medium
The exclusionary rule also applies to any evidence discovered as a result of the original illegal police conduct; such evidence is termed “fruit of the poisonous tree.” Nardone v. United States, 308 U.S. 338, 341 (1939).
discussed Cited as authority (rule) Gregory M. Heightchew v. Commonwealth of Kentucky
Ky. · 2025 · confidence medium
This exclusionary rule 30 excludes both evidence obtained directly during an illegal search and evidence later found derivative of an illegal search, or “fruit of the poisonous tree.” Segura v. United States, 468 U.S. 796, 804 (1984) (quoting Nardoni v. U.S., 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) United States v. Armour
A.F.C.C.A. · 2025 · confidence medium
This rule also prohibits the introduc- tion of evidence “up to the point at which the connection with the unlawful search becomes ‘so attenuated as to dissipate the taint.’” Id. at 537 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)) (additional citation omit- ted).
discussed Cited as authority (rule) United States v. Rajeri Curry
3rd Cir. · 2025 · confidence medium
Elstad, 470 U.S. at 305–07. 10 Nardone v. United States, 308 U.S. 338, 341 (1939). 11 See also Nix v. Williams, 467 U.S. 431 , 441–42 (1984) (extending Wong Sun’s exclusionary rule to a Sixth Amendment violation); Chavez v. Martinez, 538 U.S. 760, 769 (2003) (plurality opinion) (“[T]hose subjected to coercive police interrogations have an automatic protection from the use of their involuntary statements []or evidence derived from their statements . . . .”). 9 2.
discussed Cited as authority (rule) United States v. Rajeri Curry
3rd Cir. · 2025 · confidence medium
Elstad, 470 U.S. at 305–07. 10 Nardone v. United States, 308 U.S. 338, 341 (1939). 11 See also Nix v. Williams, 467 U.S. 431 , 441–42 (1984) (extending Wong Sun’s exclusionary rule to a Sixth Amendment violation); Chavez v. Martinez, 538 U.S. 760, 769 (2003) (plurality opinion) (“[T]hose subjected to coercive police interrogations have an automatic protection from the use of their involuntary statements []or evidence derived from their statements . . . .”). 9 2.
cited Cited as authority (rule) Peo v. Alvarado-Vasquez
Colo. Ct. App. · 2025 · confidence medium
Id. (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)). ¶ 32 However, the independent source doctrine is an exception to the exclusionary rule.
discussed Cited as authority (rule) Pliteq, Inc. v. Mostafa
S.D. Fla. · 2025 · confidence medium
With that said, the exclusionary rule does not apply if “the Government” learns of the evidence “from an independent source” or if the connection between the unlawful conduct “of the police and the discovery of the challenged evidence has ‘become so attenuated to dissipate the taint.’” Id. at 487 (emphasis added) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
cited Cited as authority (rule) Scott Edward Bitter v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
See Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 (1920); Nardone v. 38 United States, 308 U.S. 338, 341 (1939); Nix v. Williams, 467 U.S. 431, 444 , (1984), respectively.
cited Cited as authority (rule) State v. Cohen
Idaho Ct. App. · 2024 · confidence medium
Nardone v. United States, 308 U.S. 338, 341 (1939); State v. Hoak, 107 Idaho 742, 749 , 692 P.2d 1174, 1181 (1984).
cited Cited as authority (rule) State v. Cohen
Idaho Ct. App. · 2024 · confidence medium
Nardone v. United States, 308 U.S. 338, 341 (1939); State v. Hoak, 107 Idaho 742, 749 , 692 P.2d 1174, 1181 (1984).
discussed Cited as authority (rule) McDaniel v. Del-Moral
E.D. Wis. · 2024 · confidence medium
Further, the judicially prescribed “remedial measure” for Fourth Amendment violations—the “suppression or exclusionary rule”—“reaches not only primary evidence obtained as a direct result of an illegal search or seizure, . . . but also evidence later discovered and found to be derivative of an illegality or ‘fruit of the poisonous tree.’” Segura v. United States, 468 U.S. 796, 804 (1984) (citing Weeks v. United States, 232 U.S. 383, 34 (1914) and quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) State v. Napoleao Pires
R.I. · 2024 · confidence medium
This Court has applied the Supreme Court’s three-prong test on numerous occasions. - 69 - See, e.g., Jennings, 461 A.2d at 368 (“Such statements may be admissible if the state can establish that the connection between the unlawful action and the subsequent statement has ‘become so attenuated as to dissipate the taint.’”) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)); see also Casas, 900 A.2d at 1134 (“Because consent can be valid notwithstanding an illegal detention, we shall examine whether that consent was sufficiently attenuated with respect to the illegal arrest …
cited Cited as authority (rule) United States v. Elmore
10th Cir. · 2024 · confidence medium
Segura, 468 U.S. at 804 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) United States v. First Lieutenant ADALBERTO BRINKMAN-CORONEL
A.C.C.A. · 2024 · confidence medium
“Evidence derivative of an unlawful search, seizure, or interrogation is commonly referred to as the ‘fruit of the poisonous tree’ and is generally not admissible at trial.” United States v. Conklin, 63 M.J. 333, 334 (C.A.A.F. 2006) (citing Nardone v. United States, 308 U.S. 338, 341 (1939)). “[T]his exclusionary rule is designed to safeguard Fourth Amendment rights generally through its deterrent effect.” Lattin, 83 M.J. at 197 (quoting United States v. Calandra, 414 U.S. 338, 348 (1974) (quotation marks omitted)).
cited Cited as authority (rule) State of Iowa v. Morgan Marie McMickle
Iowa · 2024 · confidence medium
Such tainted evidence is colloquially referred to as the “fruit of the poisonous tree.” Nardone v. United States, 308 U.S. 338, 341 (1939).
cited Cited as authority (rule) State of Iowa v. Morgan Marie McMickle
Iowa · 2024 · confidence medium
Such tainted evidence is colloquially referred to as the “fruit of the poisonous tree.” Nardone v. United States, 308 U.S. 338, 341 (1939).
discussed Cited as authority (rule) Garnett v. State
Del. · 2023 · confidence medium
First clearly applied in the World War II-era case of Somer v. United States,88 and later recognized by this Court in 1977 in Cook v. State,89 “[t]his exception . . . provides 83 Williams, 615 F.3d at 668. 84 422 U.S. at 608–09 (Powell, J. concurring). 85 Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 (1920). 86 Wong Sun v. United States, 371 U.S. 471, 487 (1963) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)). 87 Murray v. United States, 487 U.S. 533, 542 (1988). 88 138 F.2d 790 (2d Cir. 1943). 89 374 A.2d 264 . 33 that evidence, obtained in the course of illegal…
discussed Cited as authority (rule) State of Arizona v. Tito Rene Scott
Ariz. Ct. App. · 2023 · confidence medium
There, the Court held that when a defendant, although initially unlawfully detained, had been released from custody and ultimately confessed several days later when questioned voluntarily, “the connection between the arrest and the statement had ‘become so attenuated as to dissipate the taint.’” Id. at 491 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)); see also Brown, 422 U.S. at 604 (affirming suppression when less than two hours elapsed between law enforcement’s illegal conduct and a subsequently obtained confession); Reffitt, 145 Ariz. at 459 (collecting cases and n…
discussed Cited as authority (rule) United States v. Quintin Andre Conley
6th Cir. · 2023 · confidence medium
Fruit of the Poisonous Tree Conley also argues that “[t]o the extent the government relies on Mr. Conley’s statement that he had ‘some stuff in the car’ for its basis of searching the vehicle, this statement must be suppressed as fruit of the poisonous tree.” Pet’r’s Br., ECF No. 23, 48–49; Nardone v. United States, 308 U.S. 338, 341 (1939).
discussed Cited as authority (rule) United States v. Marlon Grant
6th Cir. · 2023 · confidence medium
But this doctrine does not apply if “the connection between the lawless conduct of the police and the discovery of the challenged evidence has ‘become so attenuated as to dissipate the taint.’” Wong Sun, 371 at 487 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) Brodanex v. St. John Town of
N.D. Ind. · 2022 · confidence medium
Br. 11, ECF No. 82 (citing United States v. Calandra, 414 U.S. 338, 348 (1974); Weeks v. United States, 232 U.S. 383 (1914); Nardone v. United States, 308 U.S. 338, 341 (1939); Wong Sun v. United States, 371 U.S. 471, 484 (1963)).
discussed Cited as authority (rule) United States v. Black
C.A.A.F. · 2022 · confidence medium
Attenuation and the Exclusionary Rule “Evidence derivative of an unlawful search, seizure, or in- terrogation is commonly referred to as ‘fruit of the poisonous tree’ and is generally not admissible at trial.” United States v. Conklin, 63 M.J. 333, 334 (C.A.A.F. 2006) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) Hood v. United States
D.C. · 2022 · confidence medium
Further, “[i]f knowledge of [facts] is gained from an independent source they may be proved like any others[.]” Nardone v. United States, 308 U.S. 338, 341 (1939) (articulating the so-called “independent source doctrine”).
discussed Cited as authority (rule) United States v. Taurus Cooper
6th Cir. · 2022 · confidence medium
The attenuation doctrine, by contrast, tests something akin to proximate cause: whether the causal link has “become so attenuated as to dissipate the taint.” Nardone v. United States, 308 U.S. 338, 341 (1939).
cited Cited as authority (rule) People v. Schreiner
Ill. App. Ct. · 2021 · confidence medium
Id. at 491 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
cited Cited as authority (rule) People v. Schreiner
Ill. App. Ct. · 2021 · confidence medium
Id. at 491 (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
cited Cited as authority (rule) State v. Smith
Idaho Ct. App. · 2021 · confidence medium
Nardone v. United States, 308 U.S. 338, 341 (1939); State v. Hoak, 107 Idaho 742, 749 , 692 P.2d 1174, 1181 (1984).
discussed Cited as authority (rule) Peo v. Thomas
Colo. Ct. App. · 2021 · confidence medium
The exclusionary rule applies both to illegally obtained evidence and to derivative evidence — often called “fruit of the poisonous tree.” People v. Schoondermark, 759 P.2d 715, 718 (Colo. 1988) (quoting Nardone v. United States, 308 U.S. 338, 340-41 (1939)).
discussed Cited as authority (rule) Peo v. Plemmons
Colo. Ct. App. · 2021 · confidence medium
It “allows the admission of evidence obtained as the fruit of an illegal warrantless search or seizure when the connection between the lawless conduct of the police and the discovery of the challenged 26 evidence has ‘become so attenuated as to dissipate the taint.’” People v. Lewis, 975 P.2d 160, 170 (Colo. 1999) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) Cooper v. United States
M.D. Tenn. · 2021 · confidence medium
United States v. Wac, 498 F.2d 1227, 1232 (6th Cir. 1974) (citing Nardone v. United States, 308 U.S. 338, 341 (1939)). unlawfully obtained location data tainted all subsequent warrant applications in which it was used, including the TT2 wiretap application, and that his counsel was ineffective in failing to move to suppress the wiretap evidence on this basis.
discussed Cited as authority (rule) Commonwealth v. Katona, D., Aplt.
Pa. · 2020 · confidence medium
Since then, the High Court has repeatedly reaffirmed the doctrine’s sustainability, see, e.g., Nardone v. United States, 308 U.S. 338, 341 (1939), and, more recently, has described its underlying rationale as follows: [T]he interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred.
cited Cited as authority (rule) State v. White
Idaho Ct. App. · 2020 · confidence medium
Nardone v. United States, 308 U.S. 338, 341 (1939); State v. Hoak, 107 Idaho 742, 749 , 692 P.2d 1174, 1181 (1984).
cited Cited as authority (rule) United States v. Cliven Bundy
9th Cir. · 2020 · confidence medium
Nardone v. United States, 308 U.S. 338, 342 (1939).
cited Cited as authority (rule) United States v. Cliven Bundy
9th Cir. · 2020 · confidence medium
Nardone v. United States, 308 U.S. 338, 342 (1939).
discussed Cited as authority (rule) Robert Shorter v. State of Indiana
Ind. Ct. App. · 2020 · confidence medium
As a result, because the drugs found outside were discovered in connection with the warrantless entry, they should be considered “‘fruit of the poisonous tree.’” Segura v. United States, 468 U.S. 796, 804 (1984) (the exclusionary rule extends to indirect as well as direct products of an unconstitutional search) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) State v. Katelyn Marie Leach
Wis. Ct. App. · 2020 · confidence medium
The burden is on the accused to prove that evidence is “fruit of the poisonous tree.” See State v. Knapp, 2005 WI 127, ¶31 , 285 Wis. 2d 86 , 700 N.W.2d 899 (citing Nardone v United States, 308 U.S. 338, 341 (1939)). ¶24 Even though she has the burden in this situation, Leach does not develop an argument explaining how or why evidence obtained after the marijuana pipe was acquired should also be suppressed.
discussed Cited as authority (rule) United States v. Garcia
A.F.C.C.A. · 2020 · confidence medium
Such evidence, like the fruit, is cast aside and “generally not admissible at trial.” United States v. Conklin, 63 M.J. 333, 334 (C.A.A.F. 2006) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) United States v. Don Wilkerson
4th Cir. · 2020 · confidence medium
Importantly, that rule extends beyond evidence that is the direct result of an illegal search or seizure to “evidence later discovered and found to be derivative of an illegality” – the so-called “fruit of the poisonous tree.” Segura v. United States, 468 U.S. 796, 804 (1984) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) Robert T. Lundberg v. Secretary, Florida Department of Corrections
11th Cir. · 2020 · confidence medium
An involuntary confession may be suppressed even if it is not the direct product of police misconduct but is merely “derived from the illegal conduct, or ‘fruit of the poisonous tree.’” United States v. Terzado-Madruga, 897 F.2d 1099, 1113 (11th Cir. 1990) (quoting Nardone v. United States, 308 U.S. 338, 341 (1939)).
discussed Cited as authority (rule) v. Dominguez-Castor
Colo. Ct. App. · 2020 · confidence medium
It applies both to illegally obtained evidence and to derivative evidence — often called “fruit of the poisonous tree.” Id. (quoting Nardone v. United States, 308 U.S. 338, 340-41 (1939)). ¶ 20 One exception to the exclusionary rule is the independent source doctrine, under which “unconstitutionally obtained evidence may be admitted if the prosecution can establish that it was also discovered by means independent of the illegality.” People v. Arapu, 2012 CO 42, ¶ 32 (quoting People v. Morley, 4 P.3d 1078, 180 (Colo. 8 2000)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. MELQUAN KENT AND MAURICE LOWERS (19-02-0173, CUMBERLAND COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
The State must prove (1) proper, normal and specific investigatory procedures would have been pursued in order to complete the investigation of the case; (2) under all of the surrounding relevant circumstances the pursuit of the procedures would have inevitably resulted in the discovery of the evidence; and (3) the discovery of the evidence through the use of such procedures would have occurred wholly independently of the discovery of such evidence by unlawful means. [State v. Sugar (III), 108 N.J. 151, 156-57 (1987) (quoting State v. Sugar (II), 100 N.J. 214, 235 (1985)).] To determine whethe…
Retrieving the full opinion text from the archive…
NARDONE Et Al.
v.
UNITED STATES
240.
Supreme Court of the United States.
Dec 11, 1939.
308 U.S. 338
Mr. David V. Cahill for Frank Carmine Nardone; Mr. Jesse Climenko, with whom Mr. J. Bertram. Wegman was on the brief, for Nathan W. Hoffman; and Mr. Louis Halle for Robert Gottfried, — petitioners., Assistant Attorney General Rogge, with whom Solicitor General Jackson and Messrs. William W. Barron, George F. Kneip, Louis B. Schwartz, and W. Marvin Smith were on the brief, for the United States.
Frankfurter, McReynolds, Reed.
Cited by 1,920 opinions  |  Published
6 passages pin-cited by 6 cases
Pinpoint authority: #16,682 of 633,719
Citer courts: Tenth Circuit (6) · N.D. Georgia (3) · D. Minnesota (3) · E.D. New York (3) · Court of Appeals of Arizona (2) · Office of Legal Counsel (1)
[*339] Mr. Justice Frankfurter

delivered the opinion of the Court.

We are called upon for the second time to review affirmance by the Circuit Court of Appeals for the Second Circuit of petitioners’ convictions under an indictment for frauds on the revenue. In Nardone v. United States, 302 U. S. 379, this Court reversed the convictions on the first trial because, they were procured by evidence secured in violation of § 605 of the Communications Act of 1934 (c. 652, 48 Stat. 1064, 1103; 47 U. S. C., § 605). For details of the' facts reference is made to that case. Suffice it here to say that this evidence consisted of intercepted telephone messages, constituting “a vital part of the prosecution’s proof.”

Conviction followed a new trial, and “the main question” on the appeal below is the only question open here— namely, “whether the [trial] judge improperly refused to allow the accused to examine the prosecution as to the uses to which it had put the information” which Nardone v. United States, supra, found to have vitiated the original conviction. Though candidly doubtful of the result it reached, the Circuit Court of Appeals limited the scope of § 605 to the precise circumstances before this Court in the first Nardone case, and ruled .that “Congress had not also made incompetent testimony which had become accessible by the use of unlawful ‘taps’, for to divulge that information was not to divulge an intercepted telephone talk.” 106 F. 2d 41.

The issue thus tendered by the Circuit Court of Appeals is the broad one, whether or nof§ 605 merely interdicts the introduction into evidence in a federal trial of intercepted telephone conversations, leaving the prosecution free to make every other use of the proscribed evidence. Plainly, this presents a far-reaching problem in[*340] the administration of federal criminal justice, and-we therefore brought the case here for disposition.

Any claim for the exclusion of evidence logically relevant in criminal prosecutions is heavily handicapped. It must be justified by an over-riding public policy expressed in the Constitution or the law of the land. In a problem such as that before us now, two opposing concerns must be.harmonized: on the one hand, the stern enforcement of the criminal law; on the other, protection of that realm of privacy left free by Constitution and laws but capable of infringement either through zeal or design. In accommodating both thesé concerns, meaning must be given to what Congress has written, even if not in explicit language, so as to effectuate the policy which Congress has formulated.

We are here dealing with specific prohibition of particular methods in obtaining evidence. The result of the holding below is to reduce the scope of § 605 to exclusion of the exact words heard through forbidden interceptions, allowing these interceptions every derivative use that they may serve. Such a reading of § 605 would largely stultify the policy which compelled our decision in Nardone v. United States, supra. That decision was not the product of a merely meticulous reading of technical language. It was the translation into practicality of broad considerations of morality and public well-being. This Court found that the logically relevant proof which Congress had outlawed, it outlawed because “inconsistent with ethical standards and destructive of personal liberty.” 302 U. S. 379, 383. To forbid the direct use of methods thus characterized but to pút no curb on their full indirect use would only invite the very methods deemed “inconsistent with ethical standards and destructive of personal liberty.” What was said in a different context in Silverthorne Lamber Co. v. United States, 251 U. S. 385, 392, is pertinent here: “The essence of a pro[*341] vision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court, but that it shall not be used at all.” See Gouled v. United States, 255 U. S. 298, 307. A decent respect for the policy of Congress must save us from imputing to it a self-defeating, if not disingenuous purpose.

Here, as in the Silverthorne case, the facts improperly obtained do not “become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any -others, but the knowledge gained by the Government’s own wrong cannot be used by it” simply because it is used derivatively. 251 U. S. 385,392.

In practice this generalized statement may conceal concrete complexities. Sophisticated argument may prove a causal connection between information obtained through illicit wire-tapping and the Government’s proof. As a matter of good sense, however, such connection may have become so attenuated' as to dissipate the taint. A sensible way of dealing with such a situation — fair to the intendment of § 605, but fair also to the purposes of the criminal law — ought to be within the reach of experienced trial judges. The burden is, of course, on the accused in the first instance to prove to the trial court’s satisfaction that wire-tapping was unlawfully employed. Once that is established — as was plainly done here — the trial judge must give opportunity, however closely confined, to the accused to prove that a substantial portion of the ease against him was a fruit of the poisonous tree. ' This leaves ample opportunity to the Government to convince the trial court that its proof had an independent origin.

Dispatch in the trial of criminal causes is essential in bringing crime to book*. Therefore, timely steps must be taken to secure judicial determination of claims of ille^ gality on the part of agents of the Government in obtain[*342] ing testimony. To interrupt the course of the trial for such auxiliary inquiries impedes the momentum of the main proceeding and breaks the continuity of the jury’s attention. Like mischief would result were tenuous claims sufficient to justify the trial court’s indulgence of inquiry into the legitimacy of evidence in the Government’s possession. So to read a Congressional prohibition against the availability of certain evidence would be to subordinate the need for rigorous administration of justice to undue solicitude for potential and, it is to be hoped, abnormal disobedience of the law by the law’s officers. Therefore claims that taint attaches to any portion of the Government’s case must satisfy the trial court with their solidity and not be merely a means of eliciting what is in the Government’s possession before its submission to the jury. And if such a claim is made after the trial is under way, the judge must likewise be satisfied that the accused could not at an earlier stage have had adequate knowledge to make his claim. The civilized conduct of criminal trials cannot be confined within mechanical rules. It necessarily demands the authority of limited direction entrusted to the judge presiding in federal trials, including a well-established range of judicial discretion, subject to appropriate review on appeal, in ruling upon preliminary questions of fact. Such a system as ours must, within the limits here indicated, rely on the learning, good sense, fairness , and courage of federal trial judges.

We have dealt with this case on the basic issue tendered by the Circuit Court of Appeals and have not indulged in a finicking appraisal of the record, either as to the issue of the time limit of the proposed inquiry into the use to which the Government had put its illicit practices, or as to the existence of independent sources for the Government’s proof. Since the Circuit Court of Appeals did[*343] not question its timéliness, we shall not. And the hos? tility of the trial court to the whole scope of the inquiry reflected his own accord with the rule of law by which the Circuit Court of Appeals sustained him, and which we find erroneous.

The judgment must be reversed and remanded to the District Court for further proceedings in conformity with this opinion.

Reversed.

Me. Justice McReynolds is of opinion that the Circuit Court of Appeals reached the proper conclusion upon reasons there adequately stated and its judgment should be affirmed. Mr. Justice Reed took no part in the consideration or decision of this case.