State v. Monteleone

OPINION

VIGIL, Judge.

{1} Defendant consented to a search of his apartment by armed police officers after they entered his apartment without a search warrant in the early morning hours while he was sleeping. During their search, the police discovered evidence of a methamphetamine lab. We hold that there was insufficient attenuation between the officers’ illegal entry into Defendant’s apartment and his consent. As a result, Defendant’s consent was the fruit of a poisonous tree, and the evidence the police discovered during the ensuing search should have been suppressed. We therefore reverse the…