What is the test for a motion to suppress or suppress a search warrant issued to a defendant in a civil case?
"New York", United States of America
The following excerpt is from People v. Marsh, 260 N.Y.S.2d 893, 46 Misc.2d 777 (N.Y. City Ct. 1965):
[46 Misc.2d 784] I therefore find that the search herein was improper as the 'fruits of the poison tree' (Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441). The motion to suppress is granted, the information (complaint) is dismissed and defendant is discharged.
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