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Fruit of the Poisonous Tree: An Exclusionary Rule

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I need assistance understanding the following situation:
If a law enforcement officer enters your home with a warrant to arrest you for a violation of a public policy ordinance and you are not home, he would be entering without permission. If he finds marijuana on a counter and you arrive at your home a few minutes after the officer has found the drugs, he seizes the drugs and arrests you for the original offense and an additional charge is added for "possession of illegal drugs and drug paraphernalia". Will the drug charge be used as legal evidence against the defendant or is this a situation of "fruit of the poisonous tree" an exclusionary rule?

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Solution Summary

The expert examines the fruit of the poisonous tree for an exclusionary rule.

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This situation would be a situation in which the "fruit of the poisonous tree" exclusionary rule would apply, due to the fact ...

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  • Criminal Justice, Elizabeth City State University
  • Master of Public Administration, North Carolina Central University
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