What is the test for the exclusion of evidence in a civil case?

California, United States of America


The following excerpt is from People v. Marquez, 242 Cal.Rptr.3d 530, 31 Cal.App.5th 402 (Cal. App. 2019):

"[e]vidence is admissible when the connection between unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance, so that the interest protected by the constitutional guarantee that has been violated would not be served by suppression of the evidence obtained. " ( Utah , supra , U.S. , 136 S.Ct. at p. 2061.) In other words, exclusion of the evidence is not required when the connection between the unlawful activity and the evidence in question becomes " so attenuated as to dissipate the taint. " ( Murray v. United States (1988) 487 U.S. 533, 537, 108 S.Ct. 2529, 101 L.Ed.2d 472.)

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