Question: Put your thinking cap on . Officer Oscar has a hunch that a convicted felon is carrying a weapon in his vehicle. Officer Oscar waits
Put your thinking cap on Officer Oscar has a hunch that a convicted felon is carrying a weapon in his vehicle. Officer Oscar waits until the felon is away from the vehicle, opens the unlocked door and searches the glove compartment. In the glove compartment, Officer Oscar finds a gun. After having the gun dusted for fingerprints, Officer Oscar discovers that the fingerprints match the convicted felon and proceeds to arrest the felon for being in possession of a weapon. How is this scenario likely to be examined under the fruit of the poisonous tree doctrine?
A
The unlawful search of the vehicle is the poisonous tree. The gun is direct evidence of that illegal search and the fingerprints are secondary or derivative evidence
B
The unlawful search of the car is secondary or derivative evidence of Officer Oscar's hunch and the gun is direct evidence. The direct evidence led to the convicted felon's illegal arrest, which is the poisonous tree.
C
The arrest of the convicted felon is the poisonous tree, the fingerprints are direct evidence and the gun is secondary or derivative evidence.
D
The unlawful search of the car is the poisonous tree, the gun is secondary or derivative evidence and the fingerprints are direct evidence leading to the arrest.
points
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