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probable cause for wire autorization as it relates to "fruit of the poison tree" in Wa.state?
If the only probable cause for a request for a body wire to be worn by a C.I. is later found to be false and was hearsay evidence at best from the beginning,does the fruit of the poison tree apply to future body wire authorizations which list it first amongst thir probable cause evidence.If so, where can I confirm this. Are there any cases I could site to support this.Details of 1st P.C...C.I. allegedly buys meth.from someone. 2 and 1/2 hours later, pages officer. 1 and 1/2 hours later, officer meets with C.I. and collects the alleged drugs,that were allegedly bought with previous recorded money. Evidence is put in"Seatons Safe" not the evidence locker until it is booked into evidence 4 months later.Ok see where I'm going with this.If you can give me any help PLEASE!! You know what they say about fighting City Hall.And its a real small town to boot.
Wow.
First of all, are you saying that a body wire in Washington State requires judicial authorization? If that's what you are saying, do you *know* it to be true? (if so, please explain). It's not required in California, but I know Washington has some different laws about recording conversations.
After reading the rest of your question (what is your question, by the way?), I'm not sure I'm seeing what you need to know. As I read the details of what you're calling the "first P.C.", I don't see any constitutional problems with it. It's certainly not the way I'd run a CI buy, but I don't see anything defective about it. Probably gonna' be a good argument for a defense attorney as it relates to chain of custody for the drugs, but I don't see anything "wrong" with what you're describing here.
I also don't know what a "Seatons Safe" is, so maybe that would help.
I guess I can take a stab at the answer, though:
Assuming probable cause (i.e., judicial authorization) *is* required for a body wire, I don't see where you've established here in your question that there's anything false in the probable cause.
Hearsay is normally perfectly admissible in probable cause hearings (at least in California) and I'd be surprised if it isn't in Washington.
But...assuming everything you said is true and accurate...
Ordinarily, if the probable cause for something is found to be false (and that's a difficult thing to deal with on Yahoo Answers, without all the details...what you think of as false might only be an unfortunate turn of events that nobody could foresee), then whatever comes of that probable cause would more likely than not be tainted under the fruit of the poisonous tree doctrine. I don't think the hearsay issue enters into the discussion.
As for cases you can cite (note spelling), I can't help you with that. You're really going to need an attorney to help you out with that; if you're being charged with something where you think these issues exists, you don't want to try representing yourself...there are too many finer points here for a layperson to have knowledge of.
Wire Tree with Seed Beads
