11 Virginia opinions name it 4 courts 2005–2024 3 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Utah v. Strieffgreen2 sentences2024“Under the attenuation doctrine, ‘evidence is admissible when the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance.’” Carlson v. Commonwealth, 69 Va. App. 749, 762 (2019) (quoting Utah v. Strieff, 579 U.S. 232, 238 (2016)). 2024Courts look to three factors to determine whether the attenuation doctrine applies: (1) “whether there is a temporal proximity between the unconstitutional conduct and the discovery of evidence”; (2) “the presence of intervening circumstances”; and (3) “the purpose and flagrancy of the misconduct.” Id. (citing Brown v. Illinois, 422 U.S. 590, 603-04 (1975)). | 4 | 5 |
Warlick v. Commonwealthgreen2 sentences2015See Warlick v. Commonwealth, 215 Va. 263, 266 , 208 S.E.2d 746, 748 (1974); see also Kyer v. Commonwealth, 45 Va. App. 473, 483 , 612 S.E.2d 213, 218-19 ) (2005) (en banc) (noting that the attenuation analysis must consider all of circumstances of the case). 3. 2015See Warlick v. Commonwealth, 215 Va. 263, 266 , 208 S.E.2d 746, 748 (1974); see also Kyer v. Commonwealth, 45 Va. App. 473, 483 , 612 S.E.2d 213, 218-19 ) (2005) (en banc) (noting that the attenuation analysis must consider all of circumstances of the case). 3. | 3 | 3 |
Brown v. Illinoisgreen2 sentences2024Courts look to three factors to determine whether the attenuation doctrine applies: (1) “whether there is a temporal proximity between the unconstitutional conduct and the discovery of evidence”; (2) “the presence of intervening circumstances”; and (3) “the purpose and flagrancy of the misconduct.” Id. (citing Brown v. Illinois, 422 U.S. 590, 603-04 (1975)). 2016See Strieff, 136 S. Ct. at 2062 . -7- The Court noted that its analysis under the attenuation doctrine was guided by the three factors articulated in Brown v. Illinois, 422 U.S. 590 (1975). | 2 | 3 |
Ian Christian Carlson v. Commonwealth of Virginiagreen2 sentences2024“Under the attenuation doctrine, ‘evidence is admissible when the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance.’” Carlson v. Commonwealth, 69 Va. App. 749, 762 (2019) (quoting Utah v. Strieff, 579 U.S. 232, 238 (2016)). 2022“Under the attenuation doctrine, ‘evidence is admissible when the connection between . . . unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance.’” Carlson v. Commonwealth, 69 Va. App. 749, 762 (2019) (quoting Utah v. Strieff, 579 U.S. 232, 238 (2016)). | 2 | 2 |
United States v. Richard Lawrence Wellinsgreen2 sentences2009Instead, “a finding with respect to attenuation . . . can only be made after consideration of all the circumstances of the case.” United States v. Wellins, 654 F.2d 550, 554 (9th Cir. 1981). 2005Instead, “a finding with respect to attenuation ... can only be made after consideration of all the circumstances of the case.” United States v. Wellins, 654 F.2d 550, 554 (9th Cir.1981). | 2 | 2 |
Hudson v. Michigangreen1 sentence2016In addressing the attenuation doctrine as an exception to the exclusionary rule, the Court explained that “[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.’” Id. at 2061 (emphasis added) (quoting Hudson v. Michigan, 547 U.S. 586, 593 (2006)). the suppression hearing before the circuit court and that the decision in that case woul | 1 | 1 |
Kyer v. Commonwealthgreen2 sentences2015See Warlick v. Commonwealth, 215 Va. 263, 266 , 208 S.E.2d 746, 748 (1974); see also Kyer v. Commonwealth, 45 Va. App. 473, 483 , 612 S.E.2d 213, 218-19 ) (2005) (en banc) (noting that the attenuation analysis must consider all of circumstances of the case). 3. 2015See Warlick v. Commonwealth, 215 Va. 263, 266 , 208 S.E.2d 746, 748 (1974); see also Kyer v. Commonwealth, 45 Va. App. 473, 483 , 612 S.E.2d 213, 218-19 ) (2005) (en banc) (noting that the attenuation analysis must consider all of circumstances of the case). 3. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wong Sun v. United States
green
2 sentences2009This attenuation principle should not be confused with a mere “but for” standard of causation – which, if used for this purpose, would suppress evidence “simply because it would not have come to light but for the illegal actions of the police.” Wong Sun, 371 U.S. at 488 . 2005This attenuation principle should not be confused with a mere “but for” standard of causation — which, if used for this purpose, would suppress evidence “simply because it would not have come to light but for the illegal actions of the police.” Wong Sun, 371 U.S. at 488 , 83 S.Ct. at 418 . | 2 | 2005–2009 |
Smith v. Commonwealth
green
1 sentence2022In applying the doctrine, “[c]ourts look to whether there is a temporal proximity between the unconstitutional conduct and the discovery of is insufficient to justify a Terry stop.” Our resolution of Hill was based in part upon an analysis of two additional cases which the trial court also relied upon: Smith v. Commonwealth, 12 Va. App. 1100 (1991), and Riley v. Commonwealth, 13 Va. App. 494 (1992). | 1 | 2022–2022 |
Riley v. Commonwealth
green
1 sentence2022In applying the doctrine, “[c]ourts look to whether there is a temporal proximity between the unconstitutional conduct and the discovery of is insufficient to justify a Terry stop.” Our resolution of Hill was based in part upon an analysis of two additional cases which the trial court also relied upon: Smith v. Commonwealth, 12 Va. App. 1100 (1991), and Riley v. Commonwealth, 13 Va. App. 494 (1992). | 1 | 2022–2022 |
United States v. Crews
green
1 sentence2014Under the attenuation doctrine, the Court’s inquiry “is whether the chain of causation proceeding from the unlawful conduct has become so attenuated or has been interrupted by some intervening circumstances so as to remove the ‘taint’ imposed, upon that evidence by the original illegality.” Crews, 445 U.S. at 471 , 100 S. Ct.at 1250. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.