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Fruit of the Poisonous Tree

The Fourth Amendment and the Exclusionary Rule

Earlier this month, while waiting in court to represent a client, I watched an interesting proceeding I’d like to share with you. A defendant was facing charges of possessing a gram of Black tar heroin. His defense lawyer asked the judge to conduct a “probable cause” hearing during a preliminary court appearance. A probable cause hearing asks the judge to decide at the outset of the case if the police officer had probable ...

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