[PISANO]

Lawyers?

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

[wimpycat]

I dunno. IS it illegally obtained evidence if it is evidence in a burglary where the burglar turned himself in?

[Dan Evans]

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

I don't think so. Evidence is dismissed only if it is illegally obtained by a govt agent.

[N3WBI3]

IMNAL but I think actually it was not, evidance can be submitted by the state so long as the state was not the party who illegially obtained the evidance. In this case the young man took it, but then turned it over to the state.. He will pay for his crime but the evidance can still be used..

[John Beresford Tipton]

"Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?"

The exclusion of evidence illegally obtained only applies if the person stealing the stuff is an agent of the state. Here, he was a burglar, not an agent of the state. The fact that he later turned it over to the state has no bearing.

[steplock]

Only the police or other govt officials can "illegaly" obtain evidence. The police in this case LEGALLY received evidence from a crime in progress.

[John123]

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

No. The 20 year old burglar was not working for the police.

[tdadams]

Yes, exactly what I was thinking. I hope they'll find some way to make the charges stick, but it doesn't look good, considering the circumstances.

[pgkdan]

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

It wasn't illegally obtained by the police.

[ruoflaw]

I don't know but the burglar gave the polic probable cause to search the pervert's apt. The pervert admitted his guilt so as long as the police proceeded properly in the search warrant and in reading the pervert's rights...I think it has a good chance of conviction

[HamiltonJay]

That's my question... fruit of the poison tree and all that....