attenuation doctrine in Colorado

2021It “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)).

2013See People v. Lewis, 975 P.2d 160, 175 (Colo.1999) (reasoning that no intervening circumstances occurred between the defendant’s illegal arrest and the time he made statements because he was not taken before a magistrate and did not meet with counsel); Harris, 762 P.2d at 658-59 ; see also 6 LaFave, Search and Seizure § 11.4(b), at 387-90. ¶48 Further, Luna-Solis did not “volunteer” information by asking a question of the Denver detectives about the Denver assault.

2021Or, put another way, “[e]vidence is admissible 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.’” Utah v. Strieff, 579 U.S. ___ , 136 S. Ct. 2056, 2061 (2016) (quoting Hudson v. Michigan, 547 U.S. 586, 593 (2006)). ¶ 54 The attenuation doctrine frequently applies when an individual responds to an officer’s Fourth Amendment violation with a criminal act o

2020Therefore, the seizure and search of the backpack was a fruit of the improper investigatory stop, and its contents must be suppressed. ¶ 30 “The attenuation doctrine applies in situations where ‘the connection between unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance.’” Tomaske, ¶ 12 (quoting Utah v. Strieff, 579 U.S. ___ , ___, 136 S. Ct. 2056, 2061 (2016)).

1997The attenuation doctrine allows tainted evidence to be admitted "if the prosecution can show that the connection between the initial illegality and the evidence has become so attenuated as to dissipate the taint." Id.

1997The attenuation doctrine allows tainted evidence to be admitted “if the prosecution can show that the connection between the initial illegality and the evidence has become so attenuated as to dissipate the taint.” Id.

2021Tomaske, ¶ 13 (quoting People v. Doke, 171 P.3d 237, 240 (Colo. 2007)).

2019See, e.g. , People v. Doke , 171 P.3d 237 , 239 (Colo. 2007) ; State v. Aydelotte , 35 Wash.App. 125 , 665 P.2d 443 , 447-48 (1983) (collecting cases). "[A]n independent and willful criminal act against a law enforcement officer" is sufficient to break the causal chain between the police misconduct and the evidence of the new crime, such that the attenuation doctrine applies.

1999Under this doctrine, evidence is admissible if the prosecution shows that any connection between official illegality and the prosecution’s evidence has “become so attenuated as to dissipate the taint.” See Wong Sun, 371 U.S. at 491 , 83 S.Ct. 407 (quoting Nardone, 308 U.S. at 341 , 60 S.Ct. 266 ); see also Jones, 828 P.2d at 800 .

1997People v. Jones, 828 P.2d 797, 800 (Colo.1992) (quoting Wong Sun v. United States, 371 U.S. 471, 491 , 83 S.Ct. 407, 419 , 9 L.Ed.2d 441 (1963)).

1999The attenuation exception 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 evidence has “become so attenuated as to dissipate the taint.” Nardone v. United States, 308 U.S. 338, 341 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939).

1999The attenuation exception 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 evidence has “become so attenuated as to dissipate the taint.” Nardone v. United States, 308 U.S. 338, 341 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939).

2021Or, put another way, “[e]vidence is admissible 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.’” Utah v. Strieff, 579 U.S. ___ , 136 S. Ct. 2056, 2061 (2016) (quoting Hudson v. Michigan, 547 U.S. 586, 593 (2006)). ¶ 54 The attenuation doctrine frequently applies when an individual responds to an officer’s Fourth Amendment violation with a criminal act o

2019Even if the police misconduct is directly connected to the evidence sought to be admitted, courts will still apply the attenuation doctrine if "the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained." Hudson , 547 U.S. at 593 , 126 S.Ct. 2159 . ¶13 When defendants have responded to Fourth Amendment violations with willful criminal acts against police officers, courts have applied the attenuation doctrine and *448 held that evidence of the criminal act is admissible.

2021We disagree. ¶ 69 “Evidence of a crime that is deriv ed from evidence discovered through illegal police activity may be suppressed under the fruit-of- the-poisonous-tree doctrine.” Pere z v. People , 231 P.3d 957, 962 (Colo. 2010).

2021The rule is “intended to deter improper police conduct,” and thus “should not be applied in cases where the ‘deterrence purpose is not served, or where the benefits associated with the rule are minimal in comparison to the costs associated with the exclusion of probative evidence.’” People v. Altman, 960 P.2d 1164, 1168 (Colo. 1998) (citation omitted). ¶ 53 The attenuation doctrine is one exception to the exclusionary rule.

2021See People v. Cousins, 181 P.3d 365, 372 (Colo. App. 2007). 10 JUDGE PAWAR, specially concurring. ¶ 26 I agree with the majority’s ultimate conclusion that the display requirements for temporary registration number plates are the same as those for rear license plates.

2007See New York v. Harris, 495 U.S. 14 , 110 S.Ct. 1640 , 109 L.Ed.2d 13 (1990) (attenuation analysis is only appropriate where, as a threshold matter, courts determine that the challenged evidence, including a defendant's statement, is in some sense the product of illegal governmental activity); People v. Rodriguez, 945 P.2d 1351 (Colo.1997). *858 Attenuation can occur either when the causal connection is remote or when a direct causal connection exists but the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained.

2007See New York v. Harris, 495 U.S. 14 , 110 S.Ct. 1640 , 109 L.Ed.2d 13 (1990) (attenuation analysis is only appropriate where, as a threshold matter, courts determine that the challenged evidence, including a defendant's statement, is in some sense the product of illegal governmental activity); People v. Rodriguez, 945 P.2d 1351 (Colo.1997). *858 Attenuation can occur either when the causal connection is remote or when a direct causal connection exists but the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained.

1999See People v. Padgett, 932 P.2d 810, 816 (Colo. 1997); Thomas, 839 P.2d at 1180.

1997See People v. Burola, 848 P.2d 958, 961 (Colo.1993).

1997See People v. Burola, 848 P.2d 958, 961 (Colo.1993).

1988Nardone v. United States, 308 U.S. at 341 , 60 S.Ct. at 267 ; People v. Lee, 630 P.2d 583, 591 (Colo.1981), ce rt. denied 454 U.S. 1162 , 102 S.Ct. 1036 , 71 L.Ed.2d 318 (1982).