Does an illegal arrest preclude a conviction on the basis of evidence untainted by the arrest?

MultiRegion, United States of America

The following excerpt is from U.S. v. Portee, 104 F.3d 352 (2nd Cir. 1996):

It is clear that an illegal arrest does not preclude a conviction on the basis of evidence untainted by the arrest. United States v. Crews, 445 U.S. 463, 474 (1980) ("[T]he illegality of [defendant's] detention cannot deprive the Government of the opportunity to prove his guilt through the introduction of evidence untainted by the police misconduct."); see also Gerstein v. Pugh, 420 U.S. 103, 119 (1975).

Other Questions


Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does the arrest and subsequent courts-martial of a person who masqueraded as a military officer affect the conviction of the person who was arrested? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
Is there sufficient evidence to convict an individual who was convicted of sexual assault in a federal criminal case? (MultiRegion, United States of America)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of a drug-fuelled murder and convicted of the crime because the prosecution relied heavily on circumstantial evidence? (MultiRegion, United States of America)
Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.