Tips For Criminal Defense

There is a common myth that your DWI arrest will be reduced to a lesser charge if you refuse to take the breath test or perform the field sobriety tests. This simply isn’t so. In many instances there is additional evidence that the police can rely upon to support a conviction even when you refuse these tests. For starters, the police will have the traffic infraction that they can rely upon for coming into contact with you. Here, they will argue that your manner of driving was so erratic that once could only conclude that you were impaired. Secondly it is very common for police officers to describe their interactions with you in a manner suggesting your impairment. For example, the police will claim they could smell the odor of alcohol on your breath; your eyes are red or glassy; and that your speech was slurred. These observations are independent upon whether or not you took any of the field sobriety tests or the breathalyzer test. Thirdly, should the police officer observe any open containers or drugs in your car that too will be documented and used as evidence to support a conviction even when you do not take any tests. Lastly, the typical DWI arrest require the police to engage the driver in their standardized questionnaire. Unfortunately, many individuals that have refused to take any of the DWI tests still answer these questions and, in doing so, admit drinking and specify the type and quantity of alcohol consumed. This is evidence that you are driving under the influence of alcohol.

It is important to keep in mind that the police are trained evidence collectors. As you can see, the police are building a drunk driving case against you the moment you were pulled over until the time you are booked into the jail. You may not have taken any tests but, unbeknownst to you, every action and question posed by the policeman is designed for you to incriminate yourself. The driver’s taking and failing the DWI tests is simply icing on the cake. So, is there any hope in beating a drunk driving arrest? Yes.

The best defense available is relying upon the police officer’s video of your arrest if it exists. This is the closest way of making the judge or jury eye witnesses to your case. Many police dash camera’s begin recording once the police car’s lights and sirens are activated and some programs track back a minute or so beforehand allowing the view to see what the officer saw when he decided to make the traffic stop. Amazingly, the erratic driving isn’t has bad a reported by the officer and, in some instances, do not show a traffic violation at all. If the traffic stop can be challenged, the entire case can be dismissed for a lack of evidence. Also, the video allows the court to observe your actions as you approached the police officer. Did you need your car for balance? Were you swaying? Was your speech slurred? Could you engage the officer in an articulate conversation? In other words, use the video to contradict the police officer’s conclusions that you actions were consistent with someone who was drunk. Show the court that your actions were normal. In essence, use the video to win the credibility war between your profession of innocence and the cop’s conclusion of your guilt.

If the video is helpful and you refused to take any of the DWI tests, you place yourself into the best position to obtain either a charge reduction or an acquittal of your DWI arrest.


How To Get Away Penalties for Your First DUI

Being charged with a DUI is pretty much bad news in any part of the country, but in Florida things can be a bit worse. One reason is because if you are convicted of a DUI in Florida, the DUI will stay on your record for 75 years. – Or pretty much for a lifetime. Unlike some other states, there is absolutely no chance of having a DUI expunged or sealed in the state of Florida. For smart people, this knowledge is a great deterrent and reminder that catching a ride or calling a cab is a really good idea after having a few drinks. Below is a breakdown of possible penalties that come with a first-offense DUI conviction in the sunshine state.

Possible Penalties for a First DUI Conviction in Florida

The penalties of being convicted of drunk driving for the first time in Florida will depend on the facts of the case. Every case is of course different, so not everyone will face the same penalties.

In Florida, driving under the influence and getting busted will earn you a license suspension of 180 days to a year depending on the details of your case. In Alabama it’s just 90 days. However, if you refuse to take the blood alcohol test at the time of arrest, because of Florida’s implied consent law, you will automatically lose your license for a solid year. Think about how this can impact your work, family and just everyday life.

Penalties don’t stop with license suspension however. Other than losing the ability to simply drive yourself to the grocery story, you could also be forced to catch a ride to your probation officer’s office. That’s right, you could end up on probation depending on the circumstances of your case.

So what about jail time? In Florida, you could serve up to 6 months in jail just for your first offense. – But here’s another kicker, if your blood alcohol concentration is.15 at the time of your arrest, a sentence of no more than 9 months in the big house will be issued.

You could also do a little community service and get a chance to go back to school… DUI school that is. Your car will be impounded for a minimum of ten days. You may have an interlocking device installed on your car and you will fork over plenty of cash for the fines you will have to pay for your first DUI in Florida.

Fines for being convicted of drunk driving for the first time in Florida range from $500 to $1000. Whereas in states like Virginia you may pay as little as $250.

When all is said and done, the state of Florida hopes to see the 61,852 arrests in 2015 drop dramatically in 2016. This could keep lots of people from being injured or killed.


Time You Need Criminal Defense Attorney

This is a professional who can be hired to defend both corporations and individuals. In a legal setting they are referred to as the defendant and have been arrested as a suspect in an unlawful activity. This lawyer may also be referred to as a criminal lawyer or defense attorney/lawyer. They are responsible for representing people in court who have been accused of some form of criminal activity. In court the jury and judge will be the ones who decide if the accused is innocent or guilty. A criminal defense attorney should have a good knowledge about how the court system works and the law. Normally after attending law school they will have many years of working experience. Working as a criminal defense attorney they can be appointed by the court if the accused cannot afford an attorney or the defendant can hire them. A good lawyer can be very expensive. They can charge an hourly fee of three hundred dollars or more plus other fees.

The defendant will meet with the defense attorney to develop the best way to decrease whatever the consequences of the unlawful activity the defendant could have been involved in. If the defendant is innocent then it will be the responsibility criminal defense attorney to prove that to the jury and judge. These lawyers also have the job of giving their client a reality check. This is especially true if they believe that there will not be any type of consequence at all for the crime they are accused of committing. A criminal defense attorney will also negotiate deals with the prosecutors, helping to decrease any jail time or fees that their defendant might be facing. This lawyer could also help to customize the sentence for their client that will help them stay out of trouble in the future, especially in family or juvenile court cases.

A criminal defense attorney that is good will know the ins and outs of a local court circuit and will also know which tactics work for each judge when they are attempting to get the case thrown out or getting a reduced sentence for their client. They also know who has the power to settle different cases out of the courtroom. They also know how to find little-known laws that may help their client and can also use any lawful means that is necessary to prove to the judge and jury that their client is not guilty. Some criminal defense attorneys will take on only low-profile cases that are heard in little county court rooms, while others want to work on big, high profile cases.


Posted in Law

How To Choose Between the Right to Remain Silent and the Right to a Fair Trial

South Africa, post apartheid, is a country with one of the most progressive Constitutions in the world which gives substance to many second and third generation socio economic rights that would make an avid constitutional law expert weep with joy.

One of the most important provisions is Section 35(5) of the Constitution Act 108 of 1996 which deals with the right to a fair trial and provides inter alia that said right shall include the right to remain silent and to be informed of that right.

Not exactly earth shattering is it? In any democracy that would be the norm however it should be remembered that SA came from a time where, although the common law forbade torture as a means of obtaining evidence,it was established practice to apply a smidge of the third degree in the interests of “justice”

Since 1996 the Constitutional Court, and highest court in the land, has held that any legislation or conduct of a state organ must be held up to the spirit, objectives and values underpinning the Constitution. In doing so the Constitutional court was merely confirming the contents of Section 39(2) of the Constitution and has continued to do so in years since promulgation.

This has changed the approach of the Courts to the protection of the right to remain silent and they have held repeatedly:

1) An accused or a suspect whether charged or not must be apprised of the right to remain silent
2) As well as his right to exercise the right to remain silent
3) The state bears the burden of proving either by viva voce,circumstantial evidence that the right was FULLY UNDERSTOOD

What this means is that just a mere rattling off of a warning by a policeman and a perfunctory “do you understand”? will never be enough to render the trial fair.

In S v Orrie 2005(1) SASV 63(K) the court went as far as to find

1) Even an exculpatory version of events by a suspect or accused person is inadmissible in the absence of his right to remain silent being properly explained.
2) The right must be explained comprehensively to the accused/suspect
3) The right to remain silent and right against self incrimination may not be conflated since they are two SEPARATE rights.
4) The right to remain silent is tied to the right to counsel which includes the right to have a member of Legal Aid Sa visit the police station to consult with the accused/suspect.

Anyone with even a passing familiarity of the sordid history of South Africa can appreciate that this approach by the Courts is in stark contrast to the approach during the dark days of Apartheid when the police were above the law and could do no wrong despite the multiple deaths in custody.

It can be seen therefore that the right to remain silent and by implication the right to a fair trial is vigorously protected by our Courts and some members of the public would argue that it’s too well protected. In response to this assertion there is no more eloquent retort than that of Roman Poet Juvenal who famously asked “Quis custodiet ipsos custodes?


The Reason We Need Check Police Record

If you have previously been arrested, but you have been acquitted or the judge issued a not guilty, you might think that all is well. It might, but it might not be as some records may still be in your criminal record and can affect your employability. A police record or a criminal record is a list of all the criminal activities that a person committed and submitted by local, state and federal government agency. Depending on where the illegal activities was committed and the responsible agency some past criminal activities as well as acquitted charges will still reflect when a criminal background check is performed.

Why do you get a Request for a Criminal or Police Record

Various agencies and companies ask a copy of one’s criminal record especially employers in the financial or vulnerable sector. Aside from this, one might also require to provide a copy if they intend to purchase firearms or military services. One would also need to provide a copy if they are planning to adopt or foster a child. This would ensure that the child would be safe in the foster home; he or she will be place.

How to Request for a Copy

If you are interested to check your own criminal history, you can visit your local police department and request for one. This type of records are restricted and can only be access by the government, certain agencies as well as the person itself. In certain instances, some information maybe made available to the public by the government. A criminal record is different from a background check, as a criminal record would provide the person requesting any information about any arrest or convictions as well as probation and sentence. A background check on the other hand might involve a person’s status, credit report and other basic information. Some states use the two interchangeably and therefore, it is important to ask before consenting to the request.

Aside from the local department, one might also request from the State Department or the FBI if one is residing in US. One may also order a copy online from third-party companies. Do note that these companies can legally provide such services however; the information provided depends on what the State and Federal government allow.

If you find yourself having a positive criminal record and your activities might affect your employability, you can contact the local police department if your case is eligible for an expungement especially if it is a juvenile case. You can also contact a lawyer specializing on criminal records to get help with sealing your case.


All About Criminal Records on US

A criminal record is a sheet that has a person’s criminal records whether local, state or federal. It may include past criminal information of the person as well as pending charges and other information depending on where the person is based. Criminal records are not public records, are therefore – classified as restricted access to the public, and may only be access by certain people or agencies. In the US, request for criminal records or “Certificate of good conduct” is uncommon however if need be, US citizens may obtain one from different government agencies such as their local Police Department and FBI’s Criminal Justice Information Services or FBI – CJIS division.

Why do you need to obtain one?

Request for criminal records depends on the following reason:

a. Employment purposes

b. Entrance to military services

c. Admittance to educational institution

d. Firearm licensing

e. Adoption or for child fostering

f. Registration of votes

g. Immigration purposes

Can it be made available to the Public?

Although criminal records are not open to the public, some information may be made public depending on the specific information needed. Sex crimes, for example are available to the public and some states in the US has their own sex offender registry that one can access online free. That said some information might still be withheld from the public depending on the classification of the crime committed.

Where to Look for Criminal Records?

If you are interested to obtain a copy for your own use or for any other reasons mentioned above, you can request your records through your local police agency or even through online directly from the government agency such as the Department of Public Safety, your Police Department and even from third-party sites.

There are two ways of that one can obtain their records from the FBI CJIS division, one of which is to submit a written request. The request should include the requestor’s personal information such as name, birthdate, money order cheque and a set of rolled ink fingerprint impression. Another way is to contact a third-party company to do the record check. The third-party individuals usually have a contract with the government to process the request making it easier for requestor to request for their records.

In certain instances, one would need authentication of the search results especially if one request it for international purposes. To request for authentication of the criminal records, one would need to indicate it in their request at the time of submission.


How To Defeat DUI Charges

A DUI charge is also called DWI (driving while intoxicated) in certain states. So if an officer of the law suspects that you have been driving a vehicle while intoxicated, you can be charged with this offence. It is up to you to fight this DUI with a good defense attorney so that the case is dismissed or the sentence is reduced.

How to Beat the Charges

For a DUI, it is essential that the prosecution proves beyond a reasonable doubt that you were driving while being intoxicated. But a number of errors can occur during the process of collecting evidence.

If any of the evidence can be discredited, they will not be allowed to present it during the course of the trial. Without adequate proof, you cannot be charged. So the evidence and charges must be challenged if you want any chance of suppressing them. If they haven’t been challenged, the law officer will not have to prove the evidence so you could be found guilty.

This same theory applies to any kind of traffic violation. If there is no proof, no charges will stick. So if they cannot make anything stick, you will be able to keep your driving privileges and the case will be dropped. You can even challenge a license suspension if your license has been suspended.

Hiring a Good Attorney

If you have been arrested for driving under the influence of alcohol or drugs, you can face some serious charges. Not only could you lose your driving privileges, face a fine and even look at jail time but if you are found guilty of this crime, it will follow you for the rest of your life.

Whether during your college applications or even a job interview, you could be at a major disadvantage if you have been charged with DUI. So instead of writing it off, hire a good defense attorney as soon as you have been charged with the offence.

A good attorney is one who has experience in this field and a good record of getting cases dismissed. The sooner you hire them, the better your chances are of fighting the case because they will have time to go over all the details of the incident, collect evidence and then advise you throughout the process. Even if they can’t manage to get all the charges dismissed, you will still have a chance of getting a reduced sentence.


Things You Can Expect From Public Defender

If you were recently arrested for a crime, and now you are considering using a public defender as your legal counsel, it is important for you to know what to expect if you choose a court-ordered attorney. Continue reading to learn what a public defender is, what they do, and what to expect when being represented by one.

Court-Appointed Attorneys

A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a first choice for someone facing serious criminal charges.

Accepting a Public Defense Lawyer

After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty‘ or ‘not guilty‘ to their charges. For those with private counsel, their attorney will already be present. As for all others, the arraignment hearing is when a defendant will be given the opportunity to accept a public defender.

If a defendant replies yes to a public defender, one will be appointed to them for the duration of the arraignment only, or until they can prove they are indigent. Eligibility requirements for public defense varies from jurisdiction to jurisdiction. Some courts may require defendants to provide fee estimates from multiple private law firms, along with proof of financial records, to prove they cannot pay for private representation. While other courts simply take a defendant’s word or allow them to choose regardless of how much they earn.

Private Lawyers

Public defenders have a much heavier caseload compared to private lawyers. This means they do not have very little time to spend on each individual case. For this reason, it can be risky working with one. If you are facing criminal charges and possible jail time, you want to invest in an attorney who can dedicate 100 percent of their time and attention building a defense against your charges. They are the professionals who can afford to put time into protecting your rights and preserving your freedoms.


Tips To Get Permanent Residency for Canada

Canada has become one of the most coveted immigration destinations. Let’s get to know why? One of the most important reasons is the streamlined immigration process to this country.

This streamlined process is now called Express Entry which applies to all the provinces in Canada except Quebec. It helps you to apply under the three categories of Canada experience class, Federal Skilled Worker, and Federal Skilled Trades.

Let’s get to know the specific requirements under these categories:

Federal skilled worker: Under this category of Canada immigration, you should have a work experience of 30 hours every week for a period of 1 year in your home country. If you have been working part time, then this experience should be of 15 hours in a week for the period of 2 years.

Any prospective candidate who is looking forward to immigration to Canada should note that he has to show this much experience and any of his unpaid experience won’t be included.

The work experience should also be of the levels, skill level 0, A and B as per the National occupational classification code of this country. All this experience should be held in the 10 years prior to making your Canada Immigration Application.

The next category of Canada immigration is Federal skilled trades under which a candidate is eligible if he is able to show the proficiency in French or English languages as per the Canadian language benchmark.

The other minimum requirements for being granted this visa are that you should have a work experience of two years in a specific skilled trade in the previous 5 years you will make your Canada immigration application. Apart from this work experience, you can also have a job offer in Canada for a minimum duration of a year.

Otherwise, it’s important to have a certificate of qualification given to you by an authority in a territory or province in Canada for your previous work experience.

The last category for application under Canada immigration is Canada Experience class: Under this category, the candidates need to have experience in Canada. The candidate should have a year of prior working experience in this country. This experience should be in 3 years before you make your application for the Express Entry. The different language skills which are needed for Canada immigration are in different benchmarks of reading, speaking, listening and writing.

This category of Express Entry applies to those who plan to stay outside the Quebec province. If you are approved into the Express Entry pool, you are eligible for a period of a year. Once that time expires, the candidate has to create a new Express Entry profile.


Seizure Law on California

“Search & Seizure”

The Fourth Amendment to the U.S. Constitution states that we have the right to be free from unreasonable “searches and seizures” by law enforcement. This applies to both federal and state agencies.

The Fourth Amendment’s rule against unreasonable search and seizures means that police may not search you or your property unless one of the following is true:

They have obtained a valid search warrant from a judge, or the search falls within one of a number of exceptions to the warrant requirement recognized by federal and California courts.

Exceptions to the warrant requirement:

Exceptions to the rule that police searches and seizures require a warrant vary depending on the type of property that is being searched.

Cell phones

There are special rules about when police may search “smartphones” and other electronic devices without a warrant.

For example, the exceptions that apply to police searches of cellphones are different from those that apply to police searches of vehicles.

But, generally speaking, exceptions to the warrant requirement for searches and seizures exist for:

Searches/seizures done with someone’s voluntary consent;

Searches/seizures incident to a lawful arrest, where the police are looking either for weapons that might be used against them or for criminal evidence that might otherwise be destroyed;

Inspection searches, such as those at international borders;

Searches of vehicles when police have “probable cause” to believe the vehicle contains evidence about a crime (this is known as the “automobile exception” to the warrant requirement);

Searches of obviously incriminating items that are in “plain view” while law enforcement is conducting an otherwise lawful search;

Searches/seizures in emergency situations that are necessary to prevent physical harm or serious property damage, or to locate a fleeing suspect;

The “stop and frisk” of a criminal suspect (that is, a search of his/her outer clothing) while s/he is being temporarily detained (this is sometimes referred to as a “Terry stop”), to look for weapons that might be used against an officer; and

Searches in situations where individuals have no reasonable expectation of privacy.

What happens if I am the victim of an unlawful search or seizure?

If you are the victim of an unlawful search or seizure by police, then you and your California criminal defense attorney can ask the court to exclude this evidence in your case. This is what is known as the “exclusionary rule.”

This is usually done through a Penal Code 1538.5 PC motion to suppress evidence, which is an important kind of California pretrial motion.

In order to help you better understand when police can legally search your car or truck in California, our California criminal defense attorneys will address the following:

1. California Search and Seizure Laws and the “Reasonable Expectation of Privacy”

2. California Search Warrants

3. Exceptions to the Warrant Requirement for Searches and Seizures

3.1. Exceptions for searches of homes/residences

3.2. Exceptions for searches of vehicles

3.3. Exceptions for searches of cell phones and computers

3.4. The “plain view” exception

4. The “Exclusionary Rule” and Illegal Searches/Seizures

4.1. “Fruit of the poisonous tree”

1. California Search and Seizure Laws and the “Reasonable Expectation of Privacy”

Search and seizure laws in California have their origins in:

The Fourth Amendment to the U.S. Constitution, and Article I, Section, of the California Constitution.

These constitutional sections provide that all citizens have the right to be free from “unreasonable searches and seizures.”

Car Search

The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures.

But, as a general matter, you are only protected against unreasonable searches and seizures of property in which you have an “expectation of privacy” that is “reasonable.”

Here are some examples of places/property in which you have a legitimate expectation of privacy that protects you from searches and seizures:

Your home,
Your cell phone, computer, and other electronic storage devices,
A tent or tarp,
A hotel room, and
Personal property that public school students bring to school.

They have a search warrant, or
One of the exceptions to the warrant requirement applies.

2. California Search Warrants

Many searches/seizures in California are constitutional because they are done with a valid search warrant.

Search warrants must be signed by a judge.

A search warrant must be authorized by a state or federal judge. Warrants grant police the right to search for and/or seize items that either
may be evidence that a California felony has been committed, or
may be evidence that a particular person has committed a felony.

In order to be valid, a search warrant must be based on “probable cause” and must describe specifically both
the area to be searched, and
the property or thing that is being searched.

Reasons that a search warrant itself might be invalid or defective include:

A police officer deliberately misled the judge about the facts justifying the warrant (a form of police misconduct that is all too common);

The warrant was not specific enough about the area to be searched or the type of evidence to be searched for; and/or

The judge who issued the warrant was biased.

3. Exceptions to the Warrant Requirement for Searches and Seizures

Some searches or seizures of places/property in which you have a legitimate expectation of privacy are valid even if they were done without a warrant-as long as they fall into one of a long list of widely-recognized “exceptions” to the warrant requirement.

The U.S. Supreme Court has carved out a number of exceptions to the warrant requirement for searches and seizures.

3.1. Exceptions for searches of homes/residences

Police may enter and search your house, apartment, trailer, etc., without a warrant, when one of the following circumstances applies:

You (or someone else with authority over the premises) have given your consent to a search of your home;

There is imminent danger to life or a threat of serious damage to property; or
The search takes place in connection with a lawful arrest-and is done either for the purpose of protecting the safety of the arresting officers, or for the purpose of safeguarding evidence about the arrest offense that someone might otherwise be able to destroy.

3.2. Exceptions for searches of car

Police may search your car without a warrant under certain circumstances.

Police searches of cars without a warrant may take place when any of the following is true:

You (or someone else with authority to do so) have given your consent to a search of your vehicle;

The police have “probable cause” to believe the car contains contraband or evidence of a crime;

The police are lawfully arresting an occupant of the car-and either the arrestee is within reaching distance of the interior of the car, or it is reasonable to believe the car contains evidence about the crime for which s/he is being arrested;

The police are temporarily detaining an occupant of the car via a Terry stop, and reasonably believe that s/he may be dangerous and have access to weapons stored in the car; or

The car has been lawfully impounded by law enforcement (as may happen if you commit Vehicle Code 14601 driving on a suspended license), and they are conducting an “inventory search.”

Once the police catch up with them, they search the car-and find marijuana hidden under a seat.

The marijuana can be used as evidence against Matilda and Nicole, even though the police had no warrant to search the car. Their suspicious behavior-leading the police on a high-speed chase when they approached-created probable cause for a search of their car.

3.3. Exceptions for searches of cell phones and computers

Warrantless searches of computers/electronic devices are allowed in only a few specific circumstances.

Police may search your cell phone-or conduct a search of your computer or hard drive, tablet computer, or other electronic device-without a warrant, under the following circumstances:

When you or someone else with authority over the phone/computer/electronic device consents to the search/seizure;

In an emergency situation, where police can show an immediate need to search a device in order to pursue a fleeing suspect, or assist someone who is seriously injured or threatened with imminent injury; or

When you are carrying the device across an international border (including at airports).

And, finally, if police in California searched your cell phone without a warrant before June 25, 2014, while you were under lawful arrest, prosecutors probably can use that evidence against you.

This is because-prior to that date-the law in California was such that warrantless cell phone searches under these circumstances

Warrentless cellphone searches incident to arrest were legal in California prior to June 2014.

3.4. The “plain view” exception

The “plain view” exception is another important exception to the warrant rule for California searches and seizures.

Basically, the plain view exception says that when police are searching property legally (with a warrant, or under a warrant exception), they may also search any items that are in “plain view” while they are conducting their search, and obviously incriminating.

4. The “Exclusionary Rule” and Illegal Searches/Seizures

If you are the victim of an illegal search or seizure, then you have the right to have any evidence that the police obtained through that search or seizure “suppressed.” This means that the evidence may not be used against you in your criminal jury trial.

You and your California criminal defense attorney can move to suppress evidence obtained from an illegal police search.

This is what is known as the “exclusionary rule” in California law.

Your criminal defense attorney can challenge any evidence from an invalid search/seizure by filing a Penal Code 1538.5 motion to suppress evidence, prior to the start of your trial.

If the motion is granted-and that evidence is key to the prosecution’s case against you-then you may be able to get the charges against you reduced, or even dismissed altogether.

4.1. “Fruit of the poisonous tree”

The “exclusionary rule” applies not just to evidence that was discovered during an illegal search-but also to evidence that police found as an indirect result of an illegal search.58

This is what is known as the “fruit of the poisonous tree” doctrine.

The “poisonous tree” is the unlawful search or seizure, and the “fruit” is any evidence that the police manage to uncover as an indirect result of the unlawful search or seizure.