Is a search warrant obtained after a warrantless entry sufficient to suppress or suppress evidence seized pursuant to the search warrant?
MultiRegion, United States of America
The following excerpt is from U.S. v. Merchant, 760 F.2d 963 (9th Cir. 1985):
10 The government has admitted that the search warrant, secured after the initial warrantless entry, was premised on information obtained as a result of the initial entry. Therefore, the evidence seized pursuant to the warrant was a "fruit" of the original illegality, and all the evidence must be suppressed. Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 415, 9 L.Ed.2d 441 (1963).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
Is a search warrant sufficient to suppress pornographic material seized from a home pursuant to a warrantless search? (MultiRegion, United States of America)
Does the overbreadth of the search warrant for the seizure of magazines from the Grove Street Garage (or the office of the accused) require suppression of evidence seized pursuant to the search? (MultiRegion, United States of America)
Can a search of a truck pursuant to a warrantless search when Naidoo was arrested be used to suppress evidence seized from the truck? (MultiRegion, United States of America)
Can a search warrant obtained pursuant to a state warrant be suppressed if the initial state warrant is invalid? (MultiRegion, United States of America)
Can a motion to suppress evidence obtained with an invalid search warrant be denied if the officers who obtained the evidence had a reasonable belief in its validity? (MultiRegion, United States of America)
Does a finding of unlawful warrantless entry or search or search invalidate all items seized during the subsequent warranted search? (MultiRegion, United States of America)
When a search warrant is issued and the search warrant issued, what is the relevant evidence required at the suppression hearing? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
Can a search warrant be used to seize 392 pounds of marijuana seized during a search for evidence incidental to a valid arrest? (Canada (Federal), Canada)
