context: The proximity of Antone's interrogation hurts rather than helps the government's position. Although the case law is con-cededly anecdotal in this regard, a span of about two hours is, in this writer's estimate, insufficiently remote where, as here, that time is spent entirely in police custody.
citation_a.signal: see also
citation_a.identifier: 883 F.2d 1407, 1416
citation_a.parenthetical: "As best we are aware, no court has weighed the first factor against a defendant when his inculpatory statement followed illegal police conduct by only a few hours."
citation_a.sentence: See, e.g., Taylor v. Alabama, 457 U.S. 687, 691, 102 S.Ct. 2664, 73 L.Ed.2d 314 (1982) (six hours in police custody insufficient to purge taint); Dunaway v. New York, 442 U.S. 200, 218-19, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) (less than two hours insufficient); Brown, 422 U.S. at 604, 95 S.Ct. 2254 (same); United States v. Torres, 274 F.Supp.2d 146, 159 (D.R.I.2003) (finding that statements made at police headquarters three or four hours after illegal search were not sufficiently attenuated even though the defendant received Miranda warnings); see also United States v. George, 883 F.2d 1407, 1416 (9th Cir.1989) (“As best we are aware, no court has weighed the first factor against a defendant when his inculpatory statement followed illegal police conduct by only a few hours.”).
citation_b.signal: see
citation_b.identifier: 274 F.Supp.2d 146, 159
citation_b.parenthetical: finding that statements made at police headquarters three or four hours after illegal search were not sufficiently attenuated even though the defendant received Miranda warnings
citation_b.sentence: See, e.g., Taylor v. Alabama, 457 U.S. 687, 691, 102 S.Ct. 2664, 73 L.Ed.2d 314 (1982) (six hours in police custody insufficient to purge taint); Dunaway v. New York, 442 U.S. 200, 218-19, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) (less than two hours insufficient); Brown, 422 U.S. at 604, 95 S.Ct. 2254 (same); United States v. Torres, 274 F.Supp.2d 146, 159 (D.R.I.2003) (finding that statements made at police headquarters three or four hours after illegal search were not sufficiently attenuated even though the defendant received Miranda warnings); see also United States v. George, 883 F.2d 1407, 1416 (9th Cir.1989) (“As best we are aware, no court has weighed the first factor against a defendant when his inculpatory statement followed illegal police conduct by only a few hours.”).