flagrancy


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Because of the inconsistencies regarding how Miranda warnings should be used as a factor in the analysis, (161) the minimal utility of the temporal proximity factor, (162) and the tendency of courts to consider temporal proximity and intervening circumstances together, (163) the final factor--the purpose and flagrancy of the police misconduct--can have a significant impact on the outcome of the court's attenuation analysis.
But since in neither of these cases was the Supreme Court's adoption of an exclusionary rule, in the federal system and in the states, respectively, a we-hold-on-these-facts type of ruling, the claim that it was the flagrancy of the acts in Weeks and Mapp that led to adoption of the exclusionary rule is, at best, pure speculation.
58) The Court laid out four factors to determine whether an exception to the rule of exclusion was warranted: (1) whether Miranda warnings were given; (2) "the temporal proximity of the arrest and the confession"; (3) "the presence of intervening circumstances"; and (4) "the purpose and flagrancy of the official misconduct.
Sutter's sensitivity to those spikes on her shoes suggests that his masculinity might not be so absolute as his subsequent sexual flagrancy might suggest.
The flagrancy of the behavior in a case like this might make the question of fault extremely easy to determine; nonetheless, very often, fault is not the main bone of contention.
Illinois that "the purpose and flagrancy of the official misconduct" is a "particularly" relevant factor.
219) The Supreme Court in Brown held that the question of free will must be answered on the facts of each case looking at (1) the temporal proximity of the unlawful police activity and the subsequent act (consent); (2) the presence of intervening circumstances; and (3) the purpose and flagrancy of the official misconduct.
at 911 ("[A]n assessment of the flagrancy of the police misconduct constitutes an important step in the [exclusionary rule] calculus.
121) In its attenuation analysis, the Court considered the following factors: (1) whether the Miranda warnings were given; (2) "the temporal proximity of the arrest and the confession;" (3) "the presence of intervening circumstances;" and (4) "the purpose and flagrancy of the official misconduct.
Unlike the complexity of assessing how high the damages have to be to persuade the state to prefer exclusion in most cases, a jury's common sense view of the appropriate fine probably would vary mostly by the flagrancy of the violation.
590, 604 (1975) (in assessing taint of Fourth Amendment violations, "the purpose and flagrancy of .