By their fruits shall ye know them

A

Aguila Blanca

Staff
Or, in legalese, "fruits of a poisoned tree."

https://www.lohud.com/story/news/cr...-dismissed-against-new-jersey-men/1692313001/

Two men arrested and charged with a variety of firearms charges in New York State are now free, because a judge ruled the police who arrested them had no probable cause to initiate the actions that led up to the arrest. As a result, the prosecutor couldn't use any of the evidence.

I'm not a lawyer but perhaps one of the lawyer types on here can provide a better explanation. The good news is that, for once, the police weren't allowed to railroad a couple of people into a conviction.
 
The third person charged is a New York resident, and his case is moving forward. It's unclear (to me, anyway) if the guns can still be used as evidence against him.

To be honest, I don't understand how/why they got off. So what if they owned the guns legally in New Jersey? If I understand the article correctly, they were shooting in New York, where their possession of the guns was NOT legal.

I hope somebody smarter than I am can make some sense out of it.
 
I got a feeling there is more to this story than is being told.
I bet they were after the 3rd guy for some reason & I bet he gets the book thrown at him.
It sounds like there was some backroom deals worked out, is why the first two walked.
 
There simply isn’t enough information. As we often say, “details matter”, and we have none.

We might guess that whatever the police did, and however they did it, they somehow ran afoul of the Fourth Amendment. So perhaps they entered private property without permission, or without a warrant, or under circumstances not supporting entry without a warrant. Or the police improperly detained the subjects.

But that’s all speculative. Whatever the cops did, the judge thought they were wrong. It’ll be interesting to see if the prosecution appeals.
 
You must log in or register to reply here.
Back
Top