What is the test for establishing that evidence in a civil case is the product of illegal activity?

California, United States of America


The following excerpt is from People v. D.G. (In re D.G.), H041654 (Cal. App. 2015):

before the court is whether the chain of causation proceeding from the unlawful conduct has become so attenuated or has been interrupted by some intervening circumstance so as to remove the 'taint' imposed upon that evidence by the original illegality. Thus most cases begin with the premise that the challenged evidence is in some sense the product of illegal governmental activity." (United States v. Crews (1980) 445 U.S. 463, 471.)

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