Also known as: dissipate the taint · dissipation of the taint · taint dissipation · attenuation doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which evidence obtained following an unconstitutional search or seizure remains admissible when the connection between the illegality and the evidence has become sufficiently attenuated. Courts evaluate attenuation by examining temporal proximity between the illegality and the discovery of evidence, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct.
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Destiny Davis was released after officers conducted a warrantless entry into her apartment and seized her laptop. Three days later she appeared voluntarily at the station, received advice that she could leave, and supplied server credentials. Police then obtained chat logs from a third-party server using those credentials. The voluntary disclosure after a period of freedom broke the causal chain from the initial entry.
Diana Delgado's laptop bag was searched unlawfully at an airport, yielding prototype schematics. Weeks later agents received an anonymous tip about export violations and issued a subpoena to her employer. The employer, after consulting counsel, produced server logs and allowed voluntary coworker interviews. The subpoena and independent interviews constituted intervening circumstances that dissipated any taint from the bag search.
Danielle Dixon was stopped without reasonable suspicion near a factory. The officer ran her identification and discovered a preexisting arrest warrant for an unrelated matter. Dixon was arrested on the warrant and methamphetamine was found in her car during a search incident to arrest. The valid outstanding warrant served as an intervening circumstance that attenuated the taint of the unlawful stop.
Denise Donovan's residence was searched pursuant to a warrant later found to lack probable cause. Officers had relied in good faith on the warrant's facial validity. Evidence of drug distribution was seized during the search. The good-faith reliance on the warrant sufficiently attenuated any taint arising from the underlying deficiency.
Demetrius Douglas was arrested without probable cause at his home and taken to the station. He was released and later returned voluntarily for questioning. During the noncustodial interview Douglas made incriminating statements that led to additional evidence. The release and subsequent voluntary appearance created sufficient attenuation from the initial unlawful arrest.
Diane Dawson's apartment was entered unlawfully and secured while officers awaited a search warrant. The warrant was obtained the next day on independent information and executed. Evidence discovered during the warranted search was seized. The independent warrant and intervening time attenuated any taint from the initial entry.
Courts examine temporal proximity between the illegality and the discovery of evidence, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct. Purposeful or flagrant misconduct weighs strongly against attenuation. These factors are weighed to decide whether the connection between the illegality and the evidence has become sufficiently attenuated.
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…Dunaway v. New York , 442 U. S. 200, 217-218 (1979); United States v. Ceccolini, supra , at 279.[^maj-7] In short, the "dissipation of the taint" concept that the Court has applied in deciding whether exclusion is appropriate in a particular case "attempts to mark the point at which the detrimental consequences of illegal police…
…custody when he made the statement. The connection between the illegal arrest and the statement had become so attenuated as to dissipate the taint. The statement was therefore admissible. IV We turn finally to the heroin found in Yee's house. The Court of Appeals held that the heroin was admissible because it was not the fruit…
…must outweigh its substantial social costs. Hudson v. Michigan , 547 U. S. 586, 591 (2006). We have previously applied the attenuation doctrine
Discovery of a valid preexisting warrant unconnected to the stop constitutes a strong intervening circumstance. When combined with at most negligent police conduct and the absence of purposeful or flagrant misconduct, the warrant typically attenuates the taint. The drugs or other evidence found during the ensuing lawful arrest are then admissible.
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Lawful steps such as subpoenas issued after an independent tip or voluntary interviews conducted after employees are advised they may decline constitute intervening circumstances. These steps break the causal chain when the later evidence is obtained through independent legal processes rather than exploitation of the original illegality.
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A short interval between the illegality and the evidence weighs against attenuation. A period of weeks or months, especially when combined with intervening official processes such as internal review or grand-jury subpoenas, supports a finding that the taint has dissipated.
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