If the initial stop of a car was unlawful, can the initial search result result in the seizure of contraband in a search following the arrest?
California, United States of America
The following excerpt is from People v. Leyba, 108 Cal.App.3d 19, 166 Cal.Rptr. 257 (Cal. App. 1980):
4 If the initial stop of the automobile was unlawful, then all subsequent observations of the officers and contraband secured in a search following an arrest which flows from those observations must be suppressed as more pieces of forbidden fruit from that familiar grove of poisonous trees. (Wong Sun v. United States (1963) 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441.)
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