Brown v. Illinois

In Brown v. Illinois (1975), 422 U.S. 590, 599, 95 S.Ct. 2254, 45 L.Ed.2d 416, the United States Supreme Court set forth three factors for courts to consider in determining whether the causal chain has been sufficiently attenuated: "[the] temporal proximity of the arrest and the confession, the presence of intervening circumstances, and, particularly, the purpose and flagrancy of the official misconduct." Id. at 603-604. The question of whether a confession has been tainted by an illegal arrest must be decided on the facts of each case; no single factor is dispositive. Id. The burden of showing admissibility rests with the prosecution. Brown, supra. In Brown v. Illinois, 422 U.S. 590, 45 L. Ed. 2d 416, 95 S. Ct. 2254 (1975), the United States Supreme Court set out four factors to be considered in determining whether the taint of an illegal arrest is sufficiently attenuated to render a confession admissible. Id. at 604. Those factors are: (i) whether the Miranda warnings were given; (ii) the temporal proximity of the arrest and the confession; (iii) the presence of intervening circumstances; and, particularly; (iv) the purpose and flagrancy of the official misconduct. Id