The following excerpt is from United States v. Bailey, Docket No. 07-3719(L), Docket No. 10-398(CON) (2nd Cir. 2014):
misconduct, (2) the temporal proximity between that conduct and the statement at issue, (3) the presence of intervening circumstances, and (4) the use of Miranda warnings. See Brown v. Illinois, 422 U.S. at 603-04. To avoid suppression, the factors, taken together, must demonstrate a significant "attenuat[ion]" between the Fourth Amendment violation and the challenged statement.
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