I’m curious: if LE images your devices and then you revoke consent, and then they search anyway and find something incriminating, are they then able to get a warrant after the fact, or does the fruit of the poisoned tree mean they can no longer use data from that device as evidence?

[–] BrikoX@lemmy.zip 3 points 1 year ago* (last edited 1 year ago) (2 children)

Not a laywer, but after consent is withdrawn court should rule that everything after that point is inadmissable evidence.

[–] this_1_is_mine@lemmy.ml 1 points 1 year ago* (last edited 1 year ago)

"Don't worry we ended up having a parallel investigation that got us the info we needed......."

[–] adespoton@lemmy.ca 0 points 1 year ago (1 children)

That’s assuming they actually looked without permission, of course.

If they image your devices and you withdraw consent, they could always get a court order at any time to examine the contents if they haven’t already taken a look.

[–] BrikoX@lemmy.zip 1 points 1 year ago* (last edited 1 year ago)

Right, but they can't use the data from the device to get the court order to examine it to make it legal to use. Order of things matter here.

load more comments