U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). The Supreme Court in Wong Sun explained that it is important to determine whether the derived evidence came directly from the exploitation of the constitutional violation or whether the de rived evidence was obtained “by means sufficiently distinguishable to be purged of the primary taint.” 371 U.S. at 488, 83 S.Ct. 407. Because the court holds that the officers stopped McCray illegally, the Government bears the burden of proving that the McCray intended to voluntarily abandon the gun. See United States v. Vasquez De Reyes, 149 F.3d 192, 194 (3d Cir.1998). The Government contends that in light of Hodari D., McCray voluntarily abandoned the gun because he disposed of it before he was actually seized. See id. 499 U.S. at 628, 111 S.Ct. 1547 (<HOLDING>). The court is not persuaded by this argument.
holding case moot where one party voluntarily abandoned its arguments holding that cocaine abandoned by defendant whilst fleeing from police was not fruit of seizure and motion to exclude evidence of it was properly denied holding that appellant cannot revive claim he abandoned before the district court holding fleeing police officers in a vehicle was a violent felony under the acca holding that drugs thrown away by a fleeing defendant before he was subdued by police were voluntarily abandoned and thus admissible