If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree?
California, United States of America
The following excerpt is from People v. Sedillo, 2d Crim. No. B297757 (Cal. App. 2020):
If the warrant was based on the discovery of the shotgun, the warrant would be invalid as fruit of the poisonous tree. (People v. Machupa (1994) 7 Cal.4th 614, 628.) But the warrant would be valid if sufficient probable cause remains after excising information obtained during the sweep. (People v. Morton (2003) 114 Cal.App.4th 1039, 1049.)
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