U.S. v. DeSUMMA

No. 00-3629.

272 F.3d 176 (2001)

UNITED STATES of America, v. Frank DeSUMMA, a/k/a Doc, Frank DeSumma, Appellant.

United States Court of Appeals, Third Circuit.

November 29, 2001.


Attorney(s) appearing for the Case

Marian R. Ragusa (ARGUED), Louis R. Busico, Newtown, PA, Counsel for Appellant.

Michael L. Levy, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney Chief of Appeals, Robert E. Courtney, III, Deputy U.S. Attorney and Chief, Organized Crime Division David Fritchey (ARGUED), Assistant United States Attorney, Organized Crime Division, Philadelphia, PA, Counsel for Appellee.

Before: BECKER, McKEE and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

DeSumma, the defendant in this criminal case, asserts that the pistol seized from him as a consequence of his non-Mirandized statement was "fruit of the poisonous tree" and, therefore, should have been excluded from evidence. We reject that contention because suppressing evidence derived from a voluntary but unwarned confession serves neither the goal of deterring coercive police misconduct nor the purpose of ensuring...

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