Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/47

 This Court also applied the "poisonous tree" doctrine in Nardone v. United States, 308 U.S. 338, holding that evidence would be inadmissible, not only if obtained directly from illegal wire-tapping, but also if obtained from leads or clues stemming from the wire-tapping. The Court indicated, however, that the connection between the illegal official conduct and the evidence must be direct and adequate. The opinion carefully pointed out, with respect to the relationship between the officers' misconduct and the government's proof (308 U.S. at 341):

2. On the other hand, the Court has recognized that, even though illegal action by government officers has in some degree contributed to the obtaining of evidence ultimately used, nevertheless, if that evidence represents primarily an act of human free will, the evidence is admissible. In United States v. Bayer, 331 U.S. 532, 540–541, the Court held admissible a confession voluntarily given, without regard to