Opinion

Eduardo Amador-Gonzalez v. United States

  • 391 F.2d 308
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 23, 1968
Status
Published
On the bench
Wisdom, Coleman, Godbold
Cited by
160 cases

Overruled by United States v. Reginald James Causey, 834 F.2d 1179 (1987)

holding that the defendant's confession was the direct result of the illegal discovery of narcotics and that the taint of the illegally seized evidence had not been removed

How later courts described this case

  • holding that the defendant's confession was the direct result of the illegal discovery of narcotics and that the taint of the illegally seized evidence had not been removed
  • holding a “confession, resulting from [an unlawful] seizure and ... subsequent narcotics arrest, was the ‘fruit of the poisoned tree’ and therefore inadmissible”
  • impermissible for narcotics officers to make traffic arrest as pre text to search defendant’s car incident to arrest
  • statement taken from defendant, who knew of illegal ly seized evidence because he had been present when it was seized a few hours earlier, inadmissible at trial

Written by the judges who cited it.

Later courts went against this

  • Overruled by United States v. Reginald James Causey, 834 F.2d 1179 (1987)

    391 F.2d 308, 318 (5th Cir.1968) (holding a “confession, resulting from [an unlawful] seizure and ... subsequent narcotics arrest, was the ‘fruit of the poisoned tree’ and therefore inadmissible”), overruled on other grounds by United States v. Causey, 834 F.2d 1179 (5th Cir.1987).
    Court of Appeals for the Fifth CircuitDec 17, 19875 citing opinionsRead it

The opinion

PER CURIAM:

The Petition for Rehearing is DENIED and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, Rule 25(a), subpar. (b), the Petition for Rehearing En Banc is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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