State v. Knapp

¶ 221. (concurring in part, dissenting in part). I dissent from the court's resolution of the certified issue, Part V of the majority opinion. The majority concludes that the United States Supreme Court's decision in Dickerson v. United States, 530 U.S. 428 (2000), "fundamentally altered" the Court's jurisprudence regarding the applicability of the Fourth *369Amendment "fruit of the poisonous tree" doctrine in the context of Fifth Amendment Miranda1 violations. Majority op., ¶ 66-67.

¶ 222. As the majority notes, the Supreme Court has generally distinguished between Fourth and Fifth Amendment…