Does the doctrine of the exclusionary clause - fruit of the poisonous tree apply in this situation?

Asked about 4 years ago - Warsaw, NY

a warrant for ( probation violation) issued in correct name but wrong address, the individual never lived or had an association with the address on warrant - the police went to fathers address not on warrant- and the father gave the wereabouts of the named individual on warrant due to there being a warrant also they refused to show the warrant to the dad, as well the warrant says that it was rec'd at police dept in May and the warrant was executed in October. they used this warrant to abstract a confession ( rape) from the named on something not even relating to the warrant. does fruit of the poisonous tree apply ? if so -what to do now post conviction? there was a public defender that didnt catch any of this !

Attorney answers (2)

  1. Michael L Sensor

    Contributor Level 11

    Answered . You should retain a lawyer to discuss your post-conviction remedies. Many states have time limitations on when post-conviction remedies may be sought, so you should call a New York criminal defense lawyer as soon as possible.
    --
    This answer is provided for informational purposes only by an attorney licensed in the State of Delaware. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies. This answer is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.

  2. Karyn T. Missimer

    Contributor Level 18

    Answered . I do not practice in NY, but I may offer some general advice. First, was the warrant found to violate the 4th Amendment? Unless a motion is brought to challenge the warrant and the warrant violates the 4th Amendment, these doctrines do not apply.

    Your fact patterns is too confusing to determine whether the 4th Amendment was violated. Also, other facts are needed. If the warrant was for arrest and not to search a home, the address may be irrelevant. I see no reason why the warrant would be invalid because the police waited a few months to execute it. The confession may have been divorced enough from the warrant to stick, or completely voluntary and valid.

    There is no way to tell if there is an ineffective assistance of counsel claim given the fact pattern described.

    I agree with the first answer. You need to consult with a local, experienced criminal appeals attorney. And, you need to do so sooner rather than later. Appellate deadlines begin to run after sentencing and may occur quickly.

    Good luck!

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