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Wrong. You're talking about "fruit of the poisonous tree", which only involves evidence found as a result of an illegal search. A legal search that results in "
by neodymiumphish 6y ago
Wrong. You're talking about "fruit of the poisonous tree", which only involves evidence found as a result of an illegal search. A legal search that results in "false" evidence, which is later used to find "real" evidence will still meet sufficiency in court, because the now-"real" evidence is still admissible, just like the "false" evidence is admissible. It's just that the defense can have the "false" evidence thrown out because it's not verifiable.
In the example being discussed here, it's absolutely still fine for LE and there isn't a need to find a secondary source that side-steps the FOTPT argument. In fact, I could drag a subject into an interview, take his phone and present a warrant to search his phone.
If he refuses to unlock the phone, I can say "fine, we'll use our special software instead" and take it back to another room. After the interview, I give him back his phone and immediately bring in his co-conspirator. If I show the conspirator fake messages between him and my first subject and get him to testify against my subject, that's still admissible. If this is the case, why would using potentially-false/unverifiable Cellebrite data be inadmissible?