Legal Question in Technology Law in Wisconsin

The term Fruit of the Poisonous Tree refers to evidence obtained by an illegal search is not admissible in court and that any further searches stemming from that search are also illegal. (This all you know). My question refers to the implementation of this rule.

Lets say that a computer was stolen. After the thief had possession of this computer for some time, they discovered some illegal content on the computer. They turned the laptop into the authorities and the original owner is being charged for the content on the computer. Is this legal procedure? The fact of the matter is that the original seizure of the computer was illegal. Does this follow similar rules as the 'fruit of the poisonous tree' in that the computer was acquired illegally?


Asked on 11/05/09, 10:25 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The computer was not obtained illegally in your scenario.

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Answered on 11/15/09, 1:24 am


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