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Fruit of the poisonous tree search and seizure question.

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OopsMYbadd

Junior Member
My girlfriend is pulled over for "speeding" (without a radar/laser) by unmarked police car. She gets searched and is found in possession of a few grams of marijuana in 2 containers. The police then proceeded to raid her home where more marijuana was found.3 hours after the search they handed her a warrant using the information that drugs were found in traffic stop. The police did not issue a speeding citation; if they used the info of drugs found in the search of car for the warrant would this be "fruit of the poisonous tree?"
 


A

Antigone*

Senior Member
OopsMYbadd said:
My girlfriend is pulled over for "speeding" (without a radar/laser) by unmarked police car. She gets searched and is found in possession of a few grams of marijuana in 2 containers. The police then proceeded to raid her home where more marijuana was found.3 hours after the search they handed her a warrant using the information that drugs were found in traffic stop. The police did not issue a speeding citation; if they used the info of drugs found in the search of car for the warrant would this be "fruit of the poisonous tree?"
Click to expand...
US Law Only
 
Zigner

Zigner

Senior Member, Non-Attorney
OopsMYbadd said:
My girlfriend is pulled over for "speeding" (without a radar/laser) by unmarked police car. She gets searched and is found in possession of a few grams of marijuana in 2 containers. The police then proceeded to raid her home where more marijuana was found.3 hours after the search they handed her a warrant using the information that drugs were found in traffic stop. The police did not issue a speeding citation; if they used the info of drugs found in the search of car for the warrant would this be "fruit of the poisonous tree?"
Click to expand...
But, anywhere in the US, the answer is "no." The stop was good and, on its face, the search was good.
 
CdwJava

CdwJava

Senior Member
OopsMYbadd said:
My girlfriend is pulled over for "speeding" (without a radar/laser) by unmarked police car. She gets searched and is found in possession of a few grams of marijuana in 2 containers. The police then proceeded to raid her home where more marijuana was found.3 hours after the search they handed her a warrant using the information that drugs were found in traffic stop. The police did not issue a speeding citation; if they used the info of drugs found in the search of car for the warrant would this be "fruit of the poisonous tree?"
Click to expand...
What state was this?

Why did they search her car? Was it being impounded? Was she under arrest? Did she give consent? Did she object to the search?

I'm not sure what the warrant thing was about ... was it an arrest warrant?

The only way the evidence gets suppressed is if the search was somehow unlawful. We do not know the officer's justification for the search, so she needs to engage her own legal counsel and not talk to you about. Because YOU can be called by the state to testify against her.
 
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