023101P.pdf   10/10/2003  United States  v.  Villalba-Alvarado
   U.S. Court of Appeals Case No:  02-3101
   District of Minnesota   
   Criminal Case - suppression. Government appeals suppression of 
   physical evidence derived from a violation of Miranda and post- 
   warning/post-waiver statements. Post-warning statement was 
   admissible even though it was the fruit of an earlier Miranda 
   violation, because it was itself voluntary. Court joins 3rd and 4th 
   Circuits that exclusionary rule as applied under the Fifth Amendment 
   does not require suppression of physical evidence derived from a 
   voluntary non-Mirandized statement. Derivative physical evidence 
   should treated similarly to other forms of derivative evidence. The 
   district court did not err in concluding the government failed to prove 
   that discovery of the drugs was reasonably probable, but there was a 
   reasonable probability of discovery of the cash. Judge Heaney 
   dissents.