8 ms·
Yes. If the magistrate fails to notice the illegal-ness of the evidence and gives the warrant, it is valid nonetheless.
by bureaucrat 7y ago
Yes. If the magistrate fails to notice the illegal-ness of the evidence and gives the warrant, it is valid nonetheless.
- velosol 7y agoIf the illegal-ness later comes to light would a court consider evidence from the 'valid' warrant tainted? Always, sometimes?
- aidenn0 7y agoIANAL, but my understanding is that evidence obtained from an invalidated warrant is disallowed, unless the court finds that it was inevitable that the state would have discovered the evidence.
- bureaucrat 7y agoNope. If the government fooled the magistrate, it is disallowed. However if the magistrate has failed to decode the law correctly and issued an unlawful or unconstitutional warrant, the evidence obtained by the warrant can be used in court.
- waterheater 7y agohttps://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree In the specific case you're talking about, always.