armenianBEAUTY wrote:For the Last call... I said there was no mutual asssent to the agreement for conspiracy and entrapment did apply
there was conspiracy . .. . .. i thought it was solicitation?
Solicitation merges into conspiracy?[/quote]
........ missed that hahaha damn[/quote]
I'm lost. Only talked about solicitation, and only to discuss the probably cause to arrest after I invalidated the warrant. Entrapment issue I just discussed the elements of entrapment....? The call specifically said "solicitation to commit murder" ...[/quote]
Warrant was valid under the Good Faith Exception... officer relied on what he thought was a proper warrant
Damn! I thought the call only said what her chances were for the defense of entrapment....[/quote]
Nope! You forgot about the exception to the exception.
The good faith reliance exception is NOT available whenever the warrant is so lacking in prob cause that a reasonable officer would not rely on it (it was based solely on one informant). Also, not available whenever law enforcement has misrepresented/lied in the affidavit seeking the warrant. First exception to the exception likely applies. Second one definitely does.[/quote]
Would fruit from a poisonous a tree doctrine apply since the informant was known to be unreliable by the officer?[/quote]
I'm being quoted as if I typed something I really did not. I think you accidentally cut at the wrong place or something and now it looks like I typed what someone else did.
Anyway, no. Fruit of the Poisonous Tree Doctrine applies whenever law enforcement uses one piece of illegally obtained EVIDENCE to acquire another, new piece of evidence. The new evidence is fruit of the poisonous tree and not admissible bc of this doctrine. However, although I see you train of thought, it would not be available here bc Ivan is just an unreliable informant-- not illegally acquired evidence.