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Wall Street Journal Counterattacks, Shoots Own Foot

343
goddamnedfrank7/18/2011 2:55:28 pm PDT

re: #289 Targetpractice, Worst of Both Worlds

Agreed. I’m not entirely sure how such law works across the pond, but any lawyer worth his salt here would argue that any evidence found as a result of this email release is “poison fruit,” found only as a result of an illegal release of private information. Anonymous just turned what might have been a boon into a bust.

I’m sorry but you’re wrong, that’s not how it works here. “Fruit of the Poisonous Tree” only applies to evidence gathered illegally by police, not independent third parties.

Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials.[17]