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Fruit of the Poison Tree - With a Twist!

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believeinthesys

Junior Member
What is the name of your state (only U.S. law)?

Hi, Im in NJ. My question is about illegal stops/searches and I need help supporting my theory (maybe in the form of relevant case law)? Note: I am not a lawyer, but have great interest in the law.

There is a situation in NJ where the State knowingly provides misinformation (via computer systems) to street officers. Street officers in turn use this misinfo - which they believe to be accurate, to justify traffic stops (and the discovery of anything they find as a result of the traffic stop).

I've argued (on my own behalf in traffic court) that even though the officer was a good actor, the State sponsored misinfomation can not be used to justify what would otherwise be an illegal trafiic stop.

The judge (and other's I've spoken with) seem to get caught up on the Fruit of the Poison Tree argumanet and the fact that the officec acted reasonably and good faith. I get it. But this is not my issue, nor my question.

I'm trying to understand what prevents the government from intentionally providing law enforment with misinformation on people (though it may be random persons) as a means to justify (or increase) traffic stops?

Should I contact the ACLU? Please help. Thank you.
 


FlyingRon

Senior Member
You should keep everything back in the same post so we don't have to go through all the argument again.

You'd have to prove intent or wanton disregard to get around what is effectively a procedural mistake.
 
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