Talk of The Villages Florida - View Single Post - When the Cops go too far.
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Old 09-03-2017, 10:14 AM
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Actually when you violate the rights of some patient or accused that often opens the door for a defense lawyer to get what evidence that came from that violation thrown out as fruit of a poisonous tree. The victim suffers in that situation especially when the detective trying to get the evidence in this situation looks over come with emotion.
You are somewhat correct in that normally. However, there is a way of getting around that in some cases. If it is expedient or exigent circumstances where the evidence may be destroyed or disappear, a warrant-less search and seizure is valid. I don't know the details in this case, but just thought I would throw in my two cents. Years ago, a court found that IF there was good cause to believe that the evidence would have been revealed eventually during the investigation, the lack of a proper warrant was not tantamount to fruit of the poisonous tree. None of what I said may be relevant to this case. Just saying.