[DOWNLOAD] "State V. Knapp" by State of Wisconsin in Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Knapp
- Author : State of Wisconsin in Supreme Court
- Release Date : January 14, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
¶1 This case is on remand from the United States Supreme Court,*fn1 which vacated our decision in State v. Knapp, 2003 WI 121, 265 Wis. 2d 278, 666 N.W. 2d 881 (Knapp I). In Knapp I, this court concluded that physical evidence obtained as the direct result of a Miranda*fn2 violation is inadmissible when the violation was an intentional attempt to prevent the suspect from exercising Fifth Amendment rights. Id., ¶78. In light of United States v. Patane, 542 U.S. 630, 124 S.Ct. 2620 (2004), in which a plurality of the Court concluded that the fruit of the poisonous tree doctrine does not extend to derivative evidence discovered as a result of a defendant's voluntary statements obtained without Miranda warnings, the United States Supreme Court vacated and remanded our decision for further consideration.