Question on how this 'fruit of the poisonous tree' scenario would work.

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Thread: Question on how this 'fruit of the poisonous tree' scenario would work.

  1. #1

    Question on how this 'fruit of the poisonous tree' scenario would work.

    For my story, I was thinking the main character, a cop, can save a kidnap victim cause even though he doesn't have a warrant to go in, he cares more about the victim's life.

    Of course the evidence of a kidnapping on his part is now tainted as fruit of the poisonous tree, cause he didn't have a warrant. However, can the victim still be used as evidence, or could she still bring charges?

    Or would the prosecutor tell her "sorry, you were discovered by the police illegally, so you are now tainted, and cannot testify against your kidnappers, even you want to bring charges yourself"?

  2. #2
    Member Rojack79's Avatar
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    I have to admit I have absolutely zero experience in Law or Law School so take what I say with a heavy grain of salt. That being said when I look at this from a common sence point of view I would say that the prosecutor would not let the victim testify on her own behalf due to the way in which she was rescued. The officer should have gotten a warrant first before he acted but I myself wouldn't hesitate to go rescue someone if it was within my power to do so. So there's my opinion on the matter.
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  3. #3
    Exigent circumstances

  4. #4
    Okay thanks. Yeah I mean the main character cop, felt the woman's life was more important than whether or not she could testify later, if she would have been left alive later.

    But as far as exigent circumstances go, exigent circumstances, just mean that the cop can save the victim it doesn't mean that the crooks can be charged after, I don't think in these particular circumstances.
    Last edited by ironpony; February 20th, 2019 at 06:19 AM.


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