Can a witness's location of evidence be characterized as the Fruit of the Poisonous Tree?

California, United States of America


The following excerpt is from People v. Manson, 132 Cal.Rptr. 265, 61 Cal.App.3d 102 (Cal. App. 1976):

We simply cannot perceive how the witness' location of this evidence can be characterized as 'Fruit of the Poisonous Tree.' We find no authority for the proposition that the location of evidence by a private citizen not acting under the direction of law enforcement agencies is unlawful or constitutionally impermissible. (See Dyas v. Superior Court (1974) 11 Cal.3d 628 and authorities cited at p. 632, 114 Cal.Rptr. 114, 522 P.2d 674.) Moreover, there was no proof that the publication referred to was the product of governmental action, improper or otherwise.

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