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Shouldn't it boil down to fruit of the poisonous tree, and the illegally obtained evidence is inadmissible regardless of how it could have been parallel constru
by fjdlwlv 10y ago
Shouldn't it boil down to fruit of the poisonous tree, and the illegally obtained evidence is inadmissible regardless of how it could have been parallel constructed?
- throwaway729 10y agoMy suggestion is that this question boils down to the one that I identified. If the search was executed only because the supervisor was effectively acting on behalf of the FBI, then the evidence was probably illegally obtained. Prosecution will argue that the search would've happened and been reported regardless of the supervisor's relationship to the FBI. So that the relationship, while perhaps shady, actually had zero bearing on the events that took place. The judge will have to decide which of those is more likely to be true. The conduct of the supervisor and the FBI is probably going to be a huge PITA for the prosecutor to explain away.