# United States v. Wayne Garfield Brookins, III

> Court of Appeals for the Fifth Circuit · April 3, 1980 · 614 F.2d 1037

URL: https://www.frixlaw.com/law-library/cases/9466473

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Wayne Garfield BROOKINS, III, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 3, 1980
- **Citations:** 614 F.2d 1037; 1980 U.S. App. LEXIS 18959
- **Precedential status:** Published
- **Opinion:** Concurrence by Anderson
- **Judges:** III, Ainsworth, Vance, Anderson
- **Cited by:** 130 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466473

## How later opinions describe it (automated extraction)

- holding that a witness's trial testimony was not subject to suppression as the fruit of the poisonous tree because his testimony was attenuated from the illegal police conduct and the witness would have been discovered through ordinary police investigation
- holding that police are sufficiently “actively pursuing” evidence in a witness’s possession when they have evidence that would have led to the witness’s discovery had the witness not first been discovered through unlawful means
- noting that “[t]he exclusionary rule bars evidentiary ‘fruit’ obtained ‘as a direct result’ of an illegal search or an illegal coercive interrogation” but admitting evidence derived from involuntary statements based on the inevitable discovery exception.
- stating that the witness’ “testimony was ‘in no way coerced’ in the Ceccolini sense, although it was partially induced by a grant of immunity”
- stating that witness’s testimony was not coerced although “partially induced by a grant of immunity”

## Opinion text

R. LANIER ANDERSON, III, Circuit Judge,
concurring in part:
I concur in the result and in all of the opinion except the alternate ground for the decision expressed in part IV of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466473. Public record. Not legal advice.