If the garbage evidence was taken illegally then throw out the garbage evidence.
Just keep the DNA evidence that was obtained through the court order. The defense should be happy with that.
The defense doesn’t have a case. Once again the ACLU is on a murderer’s side—THE WRONG SIDE.
If the garbage evidence was taken illegally then throw out the garbage evidence.
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I’m not a lawyer, but I don’t think it works that way. Anything that logically flows from the illegal evidence, including confessions also gets thrown out—’poison fruit from the poison tree’ I believe the concept is called.
But as others have pointed out, warrants aren’t usually required for trash.