What is the evidence supporting the allegation of illegal search and seizure?

MultiRegion, United States of America

The following excerpt is from United States v. Hersh, 464 F.2d 228 (9th Cir. 1972):

Additionally, the arresting officers received sufficient evidence from sources independent of the claimed illegal search to give them probable cause to arrest the appellant on March 7, 1969. The exclusionary rule of Wong Sun v. United States, 371 U.S. 471, 487, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), is not applicable here because sufficient information to support the arrest and seizure came from untainted sources. The following facts support this contention.

[464 F.2d 231]

The Government argues that these sources and bits of information were independently sufficient to support the arrest on March 7th without regard to the March 6th "peering through the window" information. Citing Nardone v. United States, 308 U.S. 338, 341, 60 S.Ct. 266, 84 L.Ed. 307 (1939), the Government shows that the decision to make the arrest was so attenuated with those independent facts that they dissipated the claimed taint, of which we found there to be none, stemming from the observation through the window.

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