What is the test for removing taint from evidence obtained directly as a result of unlawful police conduct?
California, United States of America
The following excerpt is from People v. Cella, 139 Cal.App.3d 391, 188 Cal.Rptr. 675 (Cal. App. 1983):
" '[T]o remove the taint from evidence obtained directly as a result of unlawful police conduct requires at least an intervening independent act by the defendant or a third party which breaks the causal chain linking the illegality and evidence in such a way that the evidence is not in fact obtained "by exploitation of that illegality." ' " (Quoting People v. Sesslin, 68 Cal.2d 418, 428, 67 Cal.Rptr. 409, 439 P.2d 321.)
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