Quote:
Originally Posted by John Phoenix
Is that much different from arguing that there should be no fruit of the poisonous tree doctrine?
|
For it to be perfectly analogous, the judge would have to disqualify the prosecutor's office from pursuing the case because some of them had seen evidence collected in violation of the Fourth or Fifth Amendments -- which OBTW they do see, all the time. By contrast, I would have been supportive of issue sanctions against G&R's client to preclude the improper use of privileged material but would have stopped short of saying either (1) their brains were infected by having seen a privileged document or (2) they need to be punished by having a client taken away.
