Can anyone give me some case law on diriviative evidance from an illegal search that can be used in court.
i.e.
Illegal search turns up evidance that gives proable cause to search a third party that was implicated in the information found during the illegal search of the primarys property. Secondary accomplice is then indited and information from the search is used against him. Can this be legal?
Or is this fruits of the poisionous tree? Can that fruit become clean because it is used on one of the accomplices of the illegal activity and not the person the illegal search was performed upon?
i.e.
Illegal search turns up evidance that gives proable cause to search a third party that was implicated in the information found during the illegal search of the primarys property. Secondary accomplice is then indited and information from the search is used against him. Can this be legal?
Or is this fruits of the poisionous tree? Can that fruit become clean because it is used on one of the accomplices of the illegal activity and not the person the illegal search was performed upon?