Re: CLIP: Legal Aspects

22 Apr
1993
22 Apr
'93
10:21 p.m.
At 08:11 AM 4/22/93 -0700, Eric Hughes wrote:
I thought this was already true, at least in theory. It's known as the "fruit of the poisoned tree" doctrine. Evidence gathered as a consequence of illegally gathered evidence is in itself inadmissable. Of course, this is probably what has been weakened the most by the Reagan/Bush Supreme Court.
Even in that situation, though, the defense would have to prove that an unauthorized wiretap took place.
*This* is the fundamental problem. There are many possible ways that illegal wiretaps can further the collection of other evidence, without the existence of the illegal wiretap ever having to be revealed. Phil
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