Fruit of the Poisonous Tree
William Elliss lawyer will likely seek to have all evidence obtained by police from Williams bedroom excluded. Police obtained a blood fingerprint from the defendants room and were able to match the fingerprint to the defendant and the blood to the victim. Elliss lawyer will likely have several lines of attack against the physical evidence. First of all, the police never obtained permission from the defendant to search his bedroom. The argument here is that people have a reasonable expectation of privacy in their bedrooms. People do not expect that the police will be able to search through their bedrooms without their consent. It is true that the townhouse the defendant shares with his mother was a crime scene since the deceased victim was found in a walk-in closet in the townhouse. However, there is no indication that this walk-in closet was in the defendants bedroom.