Post by account_disabled on Mar 8, 2024 23:05:10 GMT -5
The theory of the fruits of the poisoned tree assumes that the evidence derived from the illicit evidence must also be null. Jurisprudence has already indicated, however, that the exclusion of the connection of illegality, which involves the validation of reflex or derived evidence, can be given by the inevitable discovery, the attenuated link between the illicit and reflex evidence, the discovery casual , the independent source, the weighing of interests or the self-incrimination of the accused in the plenary session.
In this specific case, however, the court does not even appreciate that there is a connection of illegality since the photographs were not decisive in authorizing the entry and search . What they were, however, were the police surveillance or the seizures of illicit substances from the people who came from the Fax Lists house investigated. "Therefore, there is no causal relationship between the images captured and the authorization of the entry and search as the latter was based on different investigative procedures and without taint of illegality," state the magistrates, who add that "even if it is appreciated the relevance of the images for the judicial authorization, the declaration of nullity of the registration would not be appropriate because, regardless of them, the entry and search of the home would also have been authorized.
The finding or inevitable discovery as one of the exclusion criteria of the unlawful connection was formulated for the first time in American jurisprudence in the case Nix vs. Williams in 1984 and was contemplated by the Supreme Court, at least, since 1997.Nace Fernando Pignatelli Meca, general consejero togado y magistrado de la Sala Quinta del Tribunal Supremo
Fue docente de Derecho Internacional Público
In this specific case, however, the court does not even appreciate that there is a connection of illegality since the photographs were not decisive in authorizing the entry and search . What they were, however, were the police surveillance or the seizures of illicit substances from the people who came from the Fax Lists house investigated. "Therefore, there is no causal relationship between the images captured and the authorization of the entry and search as the latter was based on different investigative procedures and without taint of illegality," state the magistrates, who add that "even if it is appreciated the relevance of the images for the judicial authorization, the declaration of nullity of the registration would not be appropriate because, regardless of them, the entry and search of the home would also have been authorized.
The finding or inevitable discovery as one of the exclusion criteria of the unlawful connection was formulated for the first time in American jurisprudence in the case Nix vs. Williams in 1984 and was contemplated by the Supreme Court, at least, since 1997.Nace Fernando Pignatelli Meca, general consejero togado y magistrado de la Sala Quinta del Tribunal Supremo
Fue docente de Derecho Internacional Público