People v. Brown

I respectfully dissent.

I begin by noting that I do not address whether the majority correctly determined that Brown was seized in violation of his fourth amendment rights because, even if the majority is correct, the fruit-of-the-poisonofis-tree doctrine does not extend to suppress Brown’s conduct that formed the basis of his obstructing-justice charges.

The fruit-of-the-poisonous-tree doctrine applies where police officers violate a defendant’s fourth amendment rights. The constitutional violation is termed the “poisonous tree,” and any evidence that the State obtains by exploiting that…