Without the illegal stop there would have been no direct proximate cause to be obtained.
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Replying to @mtracey
Still never would've made an arrest without them, but it was sufficiently attenuated. Today's case was an easier call.
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Replying to @mtracey
Interesting tangential fact. None of this matters in Indiana, where they simply have no attenuation doctrine. Just isn't there.
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Replying to @ActualFlatticus
Huh? It exists everywhere in the United States, given that the Supreme Court has established it.
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Replying to @mtracey
Indiana's constitution has stronger fourth amendment protections than the US one.
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Replying to @ActualFlatticus
Right, I was aware of that. Do you know how many states have their own "attenuation" doctrine?
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Replying to @mtracey
As far as I know no other state departs from the federal model, so 49 of them I assume.
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Replying to @ActualFlatticus
So does the Indiana constitution specifically prohibit or invalidate the "attenuation" doctrine?
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Replying to @mtracey
Neither. Not even an attempt. They just left it out of the precedent, then case law affirmatively excluded the idea.
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