Can a search warrant be used to suppress a defendant's school records under the "poisonous tree" doctrine?

Defendant does not repeat his contention in the trial court that probable cause was lacking, but he argues the facts on which probable cause was based were derived from the subpoenaed documents themselves, thereby requiring suppression under the "fruit of the poisonous tree" doctrine. Because the prosecution's use of an invalid subpoena to obtain the documents did not constitute a violation of defendant's federal constitutional rights, however, the use of information derived from the documents as a basis for probable cause provided no grounds for suppressing the school records under the "poisonous tree" doctrine.⁹ (E.g., People v. Mayfield (1997) 14 Cal.4th 668, 760.)

Defendant argues the search warrant was invalid because the affidavit failed to inform the magistrate it was being sought as a result of the invalidation of the earlier subpoena. (See People v. Scott (2011) 52 Cal.4th 452, 484 [warrant invalid if the affidavit contains statements that are deliberately false or were made in reckless disregard of the truth or an intentional or reckless omission of material information].) Because there was nothing improper in the use of a search warrant to remedy the invalid subpoenas, any such omission would not invalidate the warrant. In any event, the affidavit adequately disclosed this point. The affidavit stated the records sought by the search warrant had already been obtained by subpoena and the warrant was being

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