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How does chain of evidence work in this case? If ill-gotten information leads to the discovery of evidence, does that poison the evidence? Like if I tap a dru
by diminoten 13y ago
How does chain of evidence work in this case? If ill-gotten information leads to the discovery of evidence, does that poison the evidence?
Like if I tap a drug dealer's phone illegally, find out he's making a deal tonight at 8p, and "happen" to be there when the deal occurs, can the deal itself be entered into evidence, or no?
- tptacek 13y agoIt "should" make the evidence excludable, but might not. Again, do some reading --- especially, if you can find them, law school articles --- on "Fruit of a poisonous tree". Most obvious exception: if the actual introduced evidence comes from a drug deal that is done in plain site, where the accused is arrested with the money from a hand to hand or somesuch --- unlawful surveillance or not, the evidence from that arrest might not be excludable.