The Elstad decision is significant because the Court eliminated the fruit of the poisonous tree doctrine with regard to Miranda violations, if the secondary evidence is a subsequent confession. As a result of Elstad, before a court will apply the derivative evidence rule to the secondary evidence, a suspect in custody must prove there was actual coercion by the police when they obtained the initial statement. This Note will discuss the Elstad decision and the impact it will have on criminal procedure.
Marte J. Bassi,
Restricting the Miranda Presumption and Pruning the Poisonous Tree: Oregon v. Elstad, 16 Golden Gate U. L. Rev.