Gregory v. United States, 12700.

Decision Date22 March 1956
Docket NumberNo. 12700.,12700.
Citation97 US App. DC 305,231 F.2d 258
PartiesCaspar W. GREGORY, III, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. H. Clifford Allder, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.

PER CURIAM.

The defendant appeals from a conviction of housebreaking and grand larceny. The making of an investigation, which ultimately led the police to get certain evidence from remote places, was suggested to them by their finding a clipping of a newspaper account of the crime in an entirely different place. Because the appellant frequented this place, the police were led to suspect him. Because the police had no right to be in this place, appellant contends the evidence should have been excluded. Though the question is close, we think the connection between the evidence and the previous misconduct of the police is "so attenuated as to dissipate the taint." Nardone v. United States, 308 U.S. 338, 341, 60 S. Ct. 266, 268, 84 L.Ed. 307.

Affirmed.

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12 cases
  • State v. Peacher
    • United States
    • West Virginia Supreme Court
    • 14 Julio 1981
    ...States v. Giglio, 263 F.2d 410 (2nd Cir. 1959); United States v. Sheba Braclets, 248 F.2d 134 (2nd Circ. 1957); Gregory v. United States, 231 F.2d 258 (D.C.Cir.1956).Where the independent source is only discovered after the initial illegality close analysis is required to assure that the so......
  • Killough v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 4 Octubre 1962
    ...attenuated as to dissipate the taint." Nardone v. United States, 308 U.S. 338, 341, 60 S.Ct. 266, 268. See, e. g., Gregory v. United States, 97 U.S.App.D.C. 305, 231 F.2d 258. But this is not such a case. Here the connection is perfectly clear. Even under the "attenuation" doctrine, I assum......
  • Long v. District of Columbia
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 6 Septiembre 1972
    ... ... DISTRICT OF COLUMBIA et al ... No. 71-1072 ... United States Court of Appeals, District of Columbia Circuit ... Argued June ... ...
  • Brown v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 30 Diciembre 1966
    ...at 491, 83 S.Ct. at 419. The "attenuated taint" doctrine, expressed in Nardone, has been applied by this court in Gregory v. United States, 97 U.S.App.D.C. 305, 231 F.2d 258, and, more importantly, in Smith v. United States and Bowden v. United States, 117 U.S.App.D.C. 1, 324 F.2d 879. In S......
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