The Second District Court of Appeals of Clark County ruled that drugs seized from a defendant's home should have been suppressed because they were fruit of the poisonous tree. Springfield police had probable cause to arrest the defendant in January and February of 2008, because the defendant sold drugs to a confidential informant (CI). But they did not arrest him until April of 2008. The police arrested him without an arrest warrant even though there were no exigent circumstances requiring them to make the arrest without a warrant. Without an arrest warrant, the arrest was illegal and all evidence discovered as a result of the unlawful arrest was obtained in violation of the Fourth Amendment to the Constitution of the United States. Read the decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
