attenuation doctrine in Kansas

2013Further, applying the attenuation analysis from State v. Martin, 285 Kan. 994 , 179 P.3d 457 , cert. denied 555 U.S. 880 (2008), as clarified in State v. Moralez, 297 Kan. 397 , 300 P.3d 1090 (2013), we hold the officers’ discovery of an outstanding arrest warrant during Williams’ unlawful detention did not purge the taint of that unlawful detention.

2013“Under the attenuation doctrine, courts have found that the poisonous taint of an unlawful search or seizure dissipates when the connection between the unlawful police conduct and the challenged evidence becomes attenuated.” State v. Martin, 285 Kan. 994, 1003 , 179 P.3d 457 , cert. denied 555 U.S. 880 (2008) (citing Nardone v. United States, 308 U.S. 338 , 60 S. Ct. 266 , 84 L.

2019The attenuation doctrine applies "when the connection between unconstitutional police conduct and the 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.' " Strieff , 136 S. Ct. at 2061 (quoting Hudson v. Michigan , 547 U.S. 586 , 593, 126 S. Ct. 2159 , 165 L.

2019The attenuation doctrine applies "when the connection between unconstitutional police conduct and the 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.' " Strieff , 136 S. Ct. at 2061 (quoting Hudson v. Michigan , 547 U.S. 586 , 593, 126 S. Ct. 2159 , 165 L.

2019Given this direct causal connection, the eventual development of probable cause would not trigger the attenuation doctrine." Gaines , 918 F.3d at 802 (citing Wong Sun v. United States , 371 U.S. 471 , 487-88, 83 S. Ct. 407 , 9 L.

2019Given this direct causal connection, the eventual development of probable cause would not trigger the attenuation doctrine." Gaines , 918 F.3d at 802 (citing Wong Sun v. United States , 371 U.S. 471 , 487-88, 83 S. Ct. 407 , 9 L.

2016The panel quoted Williams, 297 Kan. at 381 , for the attenuation doctrine factors, to-wit: '"(1) the time that elapsed between the illegality and the acquisition of the evidence sought to be suppressed, (2) the presence of any intervening circumstances, and (3) the purpose and flagrancy of the official misconduct. [Citations omitted.] But no one factor is controlling, and other factors also may be relevant to the attenuation analysis.'" Cleverly, 2015 WL 4716231 , at *6.

2016The panel quoted Williams, 297 Kan. at 381 , for the attenuation doctrine factors, to-wit: '"(1) the time that elapsed between the illegality and the acquisition of the evidence sought to be suppressed, (2) the presence of any intervening circumstances, and (3) the purpose and flagrancy of the official misconduct. [Citations omitted.] But no one factor is controlling, and other factors also may be relevant to the attenuation analysis.'" Cleverly, 2015 WL 4716231 , at *6.

2014In other words, the court applied the attenuation doctrine to allow the confession into evidence. 252 Kan. at 1008-09 .

2008Maguire, Evidence of Guilt, 22 (1959).” [Wong Sun v. United States,] 371 U.S. at 487-88 .’ ” State v. Hodges, 252 Kan. 989, 1006 , 851 P.2d 352 (1993). *1003 Under the attenuation doctrine, courts have found that the poisonous taint of an unlawful search or seizure dissipates when the connection between the unlawful police conduct and the challenged evidence becomes attenuated.

2013“Under the attenuation doctrine, courts have found that the poisonous taint of an unlawful search or seizure dissipates when the connection between the unlawful police conduct and the challenged evidence becomes attenuated.” State v. Martin, 285 Kan. 994, 1003 , 179 P.3d 457 , cert. denied 555 U.S. 880 (2008) (citing Nardone v. United States, 308 U.S. 338 , 60 S. Ct. 266 , 84 L.

2013“Under the attenuation doctrine, courts have found that the poisonous taint of an unlawful search or seizure dissipates when the connection between the unlawful police conduct and the challenged evidence becomes attenuated.” State v. Martin, 285 Kan. 994, 1003 , 179 P.3d 457 , cert. denied 555 U.S. 880 (2008) (citing Nardone v. United States, 308 U.S. 338 , 60 S. Ct. 266 , 84 L.

2010That is, the court articulated no independent evaluation of the Green rationale before endorsing it. 270 Kan. at 527-28 , 17 P.3d 359 .

2010That is, the court articulated no independent evaluation of the Green rationale before endorsing it. 270 Kan. at 527-28 , 17 P.3d 359 .

2020Instead, the State has one sentence in its brief, "[e]ven if this Court finds the traffic stop was not lawful, 17 Rivera's consent to additional questioning and to search purges the taint of an illegal detention." It cites to State v. Reason, 263 Kan. 405, 409 , 951 P.2d 538 (1997), abrogated on other grounds by State v. Berreth, 294 Kan. 98 , 273 P.3d 752 (2012), for support, with no explanation of how the facts of Reason resemble the facts of this case.

2020Instead, the State has one sentence in its brief, "[e]ven if this Court finds the traffic stop was not lawful, 17 Rivera's consent to additional questioning and to search purges the taint of an illegal detention." It cites to State v. Reason, 263 Kan. 405, 409 , 951 P.2d 538 (1997), abrogated on other grounds by State v. Berreth, 294 Kan. 98 , 273 P.3d 752 (2012), for support, with no explanation of how the facts of Reason resemble the facts of this case.

2020State v. Jefferson, 297 Kan. 1151, 1162 , 310 P.3d 331 (2013).

2020State v. Jefferson, 297 Kan. 1151, 1162 , 310 P.3d 331 (2013).

2020See State v. Salary, 309 Kan. 479, 481 , 437 P.3d 953 (2019) (failure to support a point with pertinent authority or show why it is sound despite a lack of supporting authority or in the face of contrary authority is akin to failing to brief the issue); State v. Lowery, 308 Kan. 1183 , 1231, 427 P.3d 865 (2018) (a point raised incidentally in a brief and not argued therein is also deemed abandoned).

2020Instead, the State has one sentence in its brief, "[e]ven if this Court finds the traffic stop was not lawful, 17 Rivera's consent to additional questioning and to search purges the taint of an illegal detention." It cites to State v. Reason, 263 Kan. 405, 409 , 951 P.2d 538 (1997), abrogated on other grounds by State v. Berreth, 294 Kan. 98 , 273 P.3d 752 (2012), for support, with no explanation of how the facts of Reason resemble the facts of this case.

2020Instead, the State has one sentence in its brief, "[e]ven if this Court finds the traffic stop was not lawful, 17 Rivera's consent to additional questioning and to search purges the taint of an illegal detention." It cites to State v. Reason, 263 Kan. 405, 409 , 951 P.2d 538 (1997), abrogated on other grounds by State v. Berreth, 294 Kan. 98 , 273 P.3d 752 (2012), for support, with no explanation of how the facts of Reason resemble the facts of this case.

2019Given this direct causal connection, the eventual development of probable cause would not trigger the attenuation doctrine." Gaines , 918 F.3d at 802 (citing Wong Sun v. United States , 371 U.S. 471 , 487-88, 83 S. Ct. 407 , 9 L.

2019Under the exclusionary rule, if a criminal defendant challenges the State's use of evidence obtained in violation of the Fourth Amendment, a court may suppress the "primary evidence obtained as a direct result of an illegal search or seizure" and "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, 104 S. Ct. 3380 , 82 L.

2019Under the exclusionary rule, if a criminal defendant challenges the State's use of evidence obtained in violation of the Fourth Amendment, a court may suppress the "primary evidence obtained as a direct result of an illegal search or seizure" and "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, 104 S. Ct. 3380 , 82 L.

2018But "[w]hen faced with an incomplete record, an appellate court may remand for additional findings and conclusions." Fischer v. State , 296 Kan. 808 , 825, 295 P.3d 560 (2013). *324 Here, the district court not only failed to make a finding on the voluntariness of Salazar's consent-a finding necessary to fully resolve the State's argument under the attenuation doctrine-the district court explicitly declined to consider the issue.

2018But "[w]hen faced with an incomplete record, an appellate court may remand for additional findings and conclusions." Fischer v. State , 296 Kan. 808 , 825, 295 P.3d 560 (2013). *324 Here, the district court not only failed to make a finding on the voluntariness of Salazar's consent-a finding necessary to fully resolve the State's argument under the attenuation doctrine-the district court explicitly declined to consider the issue.