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However, if the police can prove that they would have found the weapon or contraband without the suspect's statements, that weapon or contraband can be legally admitted as evidence. Although the officer in this scenario questioned the suspect with regards to what he threw down as well as to the knife and property recovered without Mirandizing him, the evidence should be admissible based on the âfruits of the poisonous treeâ rule...
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The officer was also attempting to protect innocent citizens from possibly coming into contact with any weapon thrown down by the suspect. This should be taken into account when and if this weapon is admitted into the court.
It states that the officer questioned the suspect with regards to the property and to the burglary as they were walking back to the officerâs vehicle...
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