Tainted Fruit of the Poisonous Tree?
Let’s have a little Criminal Procedure question today, courtesy of Aspen Publishers and the Law in a Flash series: Card #28
Police suspect King Kong of stealing the radio antenna from the top of a skyscraper. They conduct an illegal search of Kong’s house, where they find a newspaper clipping about the theft of a shipment of bananas from the Havana Banana Company. They go away and investigate that crime and find evidence sufficient to arrest Kong, even though they’d had no reason to suspect him before the illegal search. At his trial, Kong claims the evidence used against him is “tainted fruit” of the illegal search and should be excluded. Is he correct?
Answer posted tomorrow!
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Just a random attorney writing about daily life with Little Filthy, my rotten dog.