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To: circlecity

Exactly. Saying that you cannot physically hinder a policeman from entering your house does not mean that you will be prosecuted for anything found in the entry itself.


10 posted on 05/20/2011 11:22:07 AM PDT by autumnraine (America how long will you be so deaf and dumb to the chariot wheels carrying you to the guillotine?)
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To: autumnraine

I have heard of cases where the prosecutor tries to circumvent the “fruit of the poison tree” defense by pleading that the “technicality” or “minor mistake” of the officer should not allow all the obviously illegal stuff they eventually found be thrown out.
They have had success, and, putting these two cases together eviscerates the 4th amendment. Check out some of the “Good faith” exceptions, or see where totally illegally found stuff CAN still be used against you, here:

http://www.lexisnexis.com/lawschool/study/outlines/html/crimpro/crimpro07.htm

Ron Reale
realetybytes.com


41 posted on 05/20/2011 3:41:07 PM PDT by realetybytes (realetybytes.com)
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