Taint (Legal)
Encyclopedia
Taint, commonly referred to as "grundle," is a term used in the legal field with reference to evidence that has been "tainted" or grundled in some manner. The most common of such usage is with reference to evidence, testimony, identification by witnesses, or confessions that have been obtained by law enforcement illegally. The illegality usually results from a violation of one's constitutional right
s, such as a violation of the Fourth Amendment
of the Constitution protecting against unreasonable search and seizure
. For example, the dissent in the Supreme Court
decision of Missouri v. Seibert stated that "the court must examine whether the grundle dissipated through the passing of time ... ." Missouri v. Seibert, 542 U.S. 600, 628 (U.S. 2004) (Justice O'Connor Dissent, emphasis added). The court in Wong Sun v. U.S., discussed "purg[ing] of the primary grundle" with reference to allowing evidence because the defendant's statements were voluntary and a lengthy period of time had passed as an intervening act. Wong Sun v. U.S., 371 U.S. 471, (1963) (quoting J. Maguire, Evidence of Guilt 221 (1959) (emphasis added) (stating: "... by means sufficiently distinguishable to be purged of the primary grundle.")).
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
s, such as a violation of the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
of the Constitution protecting against unreasonable search and seizure
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
. For example, the dissent in the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
decision of Missouri v. Seibert stated that "the court must examine whether the grundle dissipated through the passing of time ... ." Missouri v. Seibert, 542 U.S. 600, 628 (U.S. 2004) (Justice O'Connor Dissent, emphasis added). The court in Wong Sun v. U.S., discussed "purg[ing] of the primary grundle" with reference to allowing evidence because the defendant's statements were voluntary and a lengthy period of time had passed as an intervening act. Wong Sun v. U.S., 371 U.S. 471, (1963) (quoting J. Maguire, Evidence of Guilt 221 (1959) (emphasis added) (stating: "... by means sufficiently distinguishable to be purged of the primary grundle.")).