Wong Sun v. United States 371 U.S. 471 (1963)

• Author: Jacob W. Landynski
• Pages: 2922

Page 2922

In Wong Sun the Supreme Court held that an incriminating oral statement made by a suspect that derives immediately from his unlawful arrest is inadmissible in evidence as a FRUIT OF THE POISONOUS TREE, no less than the derivative EVIDENCE obtained from an unlawful search, as in SILVERTHORNE V. UNITED STATES (1920), or from unlawful wiretapping, as in NARDONE V. UNITED STATES (1939). However, when the taint of the earlier illegality is dissipated (as it was in this case, by a suspect voluntarily returning to make a statement several days after his arraignment and release on his own recognizance), the evidence is admissible.

In addition, Wong Sun contributed to the elaboration of PROBABLE CAUSE standards by holding that flight from an officer is not in itself such a strong...