If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree?
California, United States of America
The following excerpt is from People v. Sedillo, 2d Crim. No. B297757 (Cal. App. 2020):
If the warrant was based on the discovery of the shotgun, the warrant would be invalid as fruit of the poisonous tree. (People v. Machupa (1994) 7 Cal.4th 614, 628.) But the warrant would be valid if sufficient probable cause remains after excising information obtained during the sweep. (People v. Morton (2003) 114 Cal.App.4th 1039, 1049.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.
Other Questions
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
When a search and/or seizure is conducted without a warrant, what is the test for obtaining a search warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)
Can a search warrant be obtained prior to obtaining the search warrant? (California, United States of America)
What is the test for obtaining a warrant for search and seizure without a warrant? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
What is the test for a motion to obtain a search warrant for marijuana under the search warrant? (California, United States of America)
What is the test for obtaining a search warrant for a search without a warrant? (California, United States of America)
