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Pending Charges

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richard smith

Guest
A friend's son was arrested on minor possession charge, however it was determined that police made a bad search. Police did not follow through with the arrest. Part of the search revealed a drivers license that had been tampered with. My friend's son received a letter from the police agency stating that they are filing charges on him for the tampered drivers licenses. Would not the drivers license be considered as fruits from the origional poisinous tree, and should the son get an attorney to argue this point???

[This message has been edited by richard smith (edited January 11, 2000).]

[This message has been edited by richard smith (edited January 11, 2000).]
 


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juanitag

Guest
If you have the money, hire an attorney to help out on this one. My understanding of that rule would limit the officer's ability to use the drugs found in the prosecution of the possession crime but I don't know whether or not they would be prohibited in using the license for another crime. The police would have the right to ask the person for id and he would have to provide it -- so I don't know if you can argue that it's the fruit of the poisonous tree.
 

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