GUISTO

v.

UNITED STATES

Citator

Cited By (20 total)

• State v. Griffith, 500 So. 2d 240 (Fla. 3d DCA 1986)
  …have determined when the independent source exception obtains reinforces our conclusion that the testimony of the witness in this case, Y.B., is clearly admissible on this ground. In United States v. Houltin, 566 F. 2d 1027 (5th Cir.), cert. denied, 439 U.S. 826, 99 S.Ct. 97, 58 L.Ed.2d 118 (1978), the defendants challenged the government’s use of the testimony of their codefendants as derived from illegal wiretaps. The defendants pointed out that the government first learned the substance of their codefend…
• United States v. Brookins, 614 F.2d 1037 (5th Cir. 1980)
  …independent source from the illegally taken objects or statements. Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392, 40 S.Ct. 182, 183, 64 L.Ed. 319 (1920); United States v. Houl [*1042] tin, 566 F. 2d 1027, 1031 (5th Cir.), cert. denied, 439 U.S. 826, 99 S.Ct. 97, 58 L.Ed.2d 118 (1978). A third category of insufficient connection obtains if the derivative evidence, in this case Holt’s testimony, would inevitably have been discovered during a police investigation without the aid of the illegally…

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• Passman v. Blackburn, 652 F.2d 559 (5th Cir. 1981)
  …s if the derivative evidence has a source independent of the illegal seizure. Siiverthorne Lumber Co. v. United States, 251 U.S. 385, 392, 40 S.Ct. 182, 183, 64 L.Ed. 319 (1920); United States v. Houltin, 566 F. 2d 1027, 1031 (5th Cir.), cert. den., 439 U.S. 826, 99 S.Ct. 97, 58 L.Ed.2d 118 (1978). Cara O’Brien’s recollection of the individual that assaulted her stemmed from her face to face contact with him, not the arrest of the petitioner. This live witness testimony is independent of the constitutiona…