Page 22 - July 2015 Issue
P. 22
Jon Kelly, Associate Member of the University of Cincinnati Law Review,
Photo courtesy of linkedin.com
Mr. Kelly’s entire discourse can be found at www.ucla.org/2015/05/07/unwarranted-amendments-criminal-
procedure-rule-41-a.
Fruits of the Poisonous Tree:
I ind this to be a very interesting topic regarding inding criminal activity that is not linked to the original target
search. According to www.legal-dictionary.com, The Exclusionary Rule mandates that evidence obtained in
an illegal or unreasonable search must be excluded from trial. The Fruits of the Poisonous Tree Doctrine was
established to deter law enforcement from violating rights against unreasonable search and seizure. I truly
wonder if the DOJ had this scenario in mind when drafting this change.
In example: I am investigating an IP address that appears to be on the market selling stolen goods. The IP
address identiies twelve physical locations where the address originates. I have no idea who the perp is, no
idea where the master computer of the botnet is physically located, but I have more than a reasonable suspicion
that the master computer operator is selling stolen goods and to request a warrant to hack into these twelve
computers to determine the identity of the master operator and gain evidence that a crime was committed.
While searching for the master computer, I ind on non-targeted computer evidence that the non-target computer
owner has been cheating on his taxes for the last ive years. Is it warranted to make an arrest based upon this or
not?
International Repercussions:
Ahmad Ghappour, Photo Courtesy of youtube.com
22
Photo courtesy of linkedin.com
Mr. Kelly’s entire discourse can be found at www.ucla.org/2015/05/07/unwarranted-amendments-criminal-
procedure-rule-41-a.
Fruits of the Poisonous Tree:
I ind this to be a very interesting topic regarding inding criminal activity that is not linked to the original target
search. According to www.legal-dictionary.com, The Exclusionary Rule mandates that evidence obtained in
an illegal or unreasonable search must be excluded from trial. The Fruits of the Poisonous Tree Doctrine was
established to deter law enforcement from violating rights against unreasonable search and seizure. I truly
wonder if the DOJ had this scenario in mind when drafting this change.
In example: I am investigating an IP address that appears to be on the market selling stolen goods. The IP
address identiies twelve physical locations where the address originates. I have no idea who the perp is, no
idea where the master computer of the botnet is physically located, but I have more than a reasonable suspicion
that the master computer operator is selling stolen goods and to request a warrant to hack into these twelve
computers to determine the identity of the master operator and gain evidence that a crime was committed.
While searching for the master computer, I ind on non-targeted computer evidence that the non-target computer
owner has been cheating on his taxes for the last ive years. Is it warranted to make an arrest based upon this or
not?
International Repercussions:
Ahmad Ghappour, Photo Courtesy of youtube.com
22
