The following excerpt is from United States v. Magaddino, 496 F.2d 455 (2nd Cir. 1974):
Under this allocation of the burdens of proof, the "burden is, of course, on the accused in the first instance to prove
[496 F.2d 460]
to the trial court's satisfaction that wire-tapping was unlawfully employed." Id. Once this is established, the "trial judge must give opportunity, however closely confined, to the accused to prove that a substantial portion of the case against him was the fruit of the poisonous tree." Id. Finally, if the defendant has come forward with this evidence, the government must "convince the trial court that its proof had an independent origin." Id. The government has the ultimate burden of persuasion. Alderman v. United States, 394 U.S. at 174.[496 F.2d 460]
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