“Failure of government to obey the law cannot ever constitute “legitimate law enforcement activity.” In any event, application of the derivative evidence presumption does not “irretrievably” lead to suppression. If a subsequent confession is truly independent of earlier, illegally obtained confessions, nothing prevents its full use to secure the accused’s conviction. If the subsequent confession did result from the earlier illegalities, however, there is nothing “voluntary” about it. And even if a tainted subsequent confession is “highly probative,” we have never until today permitted probity to override the fact that the confession was “the product of constitutionally impermissible methods in [its] inducement.” Rogers v. Richmond, 365 U.S. 534, 541 (1961). In such circumstances, the Fifth Amendment makes clear that the prosecutor has no entitlement to use the confession in attempting to obtain the accused’s conviction.” 19
Posted on: Sat, 27 Dec 2014 12:33:45 +0000
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