Anderson v. State

I am writing separately to emphasize the factors we have applied in the past to determine whether a suspect's consent to a search is tainted by an earlier illegal arrest. In Brown v. Illinois, the United States Supreme Court suggested the following factors for determining whether a confession is tainted: (1) "the temporal proximity of the arrest and the confession," (2) "the presence of intervening cireumstances," and (8) "the purpose or flagrancy of the official misconduct." 1 We have applied the same factors to determine whether a suspect's consent to a search is tainted.2 In my opinion,…